United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
David R. Herndon United States District Judge
Christopher Croom brings this action for deprivations of his
constitutional rights pursuant to 42 U.S.C. § 1983 that
allegedly occurred in Menard Correctional Center. Plaintiff
seeks declarative relief, monetary damages, and injunctive
relief. This case is now before the Court for a preliminary
review of the complaint pursuant to 28 U.S.C. § 1915A,
(a) Screening- The court shall review, before docketing, if
feasible or, in any event, as soon as practicable after
docketing, a complaint in a civil action in which a prisoner
seeks redress from a governmental entity or officer or
employee of a governmental entity.
(b) Grounds for Dismissal- On review, the court shall
identify cognizable claims or dismiss the complaint, or any
portion of the complaint, if the complaint-
(1) is frivolous, malicious, or fails to state a claim on
which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from
action or claim is frivolous if “it lacks an arguable
basis either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989). Frivolousness is an
objective standard that refers to a claim that any reasonable
person would find meritless. Lee v. Clinton, 209
F.3d 1025, 1026-27 (7th Cir. 2000). An action fails to state
a claim upon which relief can be granted if it does not plead
“enough facts to state a claim to relief that is
plausible on its face.” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007). The claim of
entitlement to relief must cross “the line between
possibility and plausibility.” Id. at 557. At
this juncture, the factual allegations of the pro se
complaint are to be liberally construed. See Rodriguez v.
Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir.
careful review of the complaint and any supporting exhibits,
the Court finds it appropriate to exercise its authority
under § 1915A; this action will be dismissed without
prejudice with leave to file an amended complaint.
plaintiff brought this claim in case No. 17-612. This claim
was deemed severable pursuant to George v. Smith,
507 F.3d 605 (7th Cir. 2007) and this action was opened on
June 14, 2017. (Doc. 1).
pertinent to this claim, plaintiff alleges that he has an
enemy at Menard who is incarcerated for murdering
plaintiff's best friend. (Doc. 2, p. 13). Plaintiff
himself is incarcerated for allegedly murdering an associate
of the enemy. Id. The enemy has threated plaintiff.
Id. Plaintiff fears for his life and believes that
something will happen when he sees his enemy. Id. He
has alleged that Menard is deliberately indifferent to the
fact of his enemy. Id. The copy of the grievance
attached as “Doc. 7” states that plaintiff's
enemy is Marlon Brown and he is currently housed in the West
House at Menard. (Doc. 2, p. 29).
has also requested injunctive relief on this claim. (Doc. 2,
p. 15). Specifically, he requests to be “transferred to
an institution where my life is not in danger from a
order dividing plaintiff's claims into separate cases