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Brady v. Unknown Party

United States District Court, S.D. Illinois

December 1, 2017

HARLEY M. BRADY, Plaintiff,
v.
UNKNOWN PARTY, Defendant.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL, UNITED STATES DISTRICT JUDGE.

         In Brady v. IDOC, Case No. 17-cv-883-NJR (S.D. Ill. Aug. 21, 2017) (“Original Action”), Plaintiff Harley M. Brady, an inmate of the Illinois Department of Corrections (“IDOC”) currently housed in Lawrence Correctional Center (“Lawrence”), brought suit pursuant to 42 U.S.C. § 1983 for deprivations of his constitutional rights allegedly occurring at Lawrence. Pursuant to George v. Smith, 507 F.3d 605 (7th Cir. 2007), an access to the courts claim was severed from that initial action to form the basis for this action, Case No. 17-cv-1203-NJR.

         This case is now before the Court for a preliminary review of that claim pursuant to 28 U.S.C. § 1915A, which provides:

(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 such relief.

         An 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. 2009).

         After fully considering the relevant allegations in Plaintiff's Complaint, the Court concludes that this action is subject to summary dismissal.

         The Complaint

         The allegations in Plaintiff's Complaint (Doc. 2) relevant to this severed action are as follows: An officer of the Court requested Plaintiff's mental health records in connection with Plaintiff's presentence investigation report. (Doc. 2, p. 9). IDOC failed to respond. Id. Plaintiff also requested records in connection with a motion to reconsider his sentence. Id. IDOC failed to respond.

         Discussion

         In its Severance Order (Doc. 1), the Court designated the following count to be severed into this pro se action. The parties and the Court will continue to use this designation in all future pleadings and orders, unless otherwise directed by a judicial officer of this Court.

Count 13: Access to the Courts claim against Unknown Party for failing to provide Plaintiff's mental health records on two occasions in connection with hearings and/or motions pertaining to ...

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