United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE.
Justin Baker, an inmate in Menard Correctional Center, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. Plaintiff requests $100,
000. 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.
Complaint includes 135 pages of exhibits. (Doc. 1-1). He used
a form Complaint, but instead of providing a statement of
claim, Plaintiff has written, “See Plaintiff's
Exhibit B.” (Doc. 1, p. 5). None of the exhibits are
marked, and if there is an Exhibit B, the Court cannot find
it. Plaintiff's exhibits consist of grievances and
“kites” to prison staff, as well as his medical
records. (Doc. 1-1).
appears to be complaining about medical care he received for
his ankle. This may state an Eighth Amendment violation,
however, the Complaint is impossible to evaluate as currently
of the Federal Rules of Civil Procedure directs that a
complaint must provide “a short and plain statement of
claim showing that the pleader is entitled to relief.”
Additionally, Federal Rule of Civil Procedure 8(d) requires
that each allegation within the Complaint must be
“simple, concise, and direct.” The allegations in
the complaint must “actually suggest that the
plaintiff has a right to relief, by providing allegations
that raise a right to relief beyond a speculative
level.” Tamayo v. Blagojevich, 526 F.3d 1074,
1084 (7th Cir. 2008). By refusing to make any statement of
claim, Plaintiff has missed this mark. The Court is left to
guess what was done to Plaintiff, by whom, and within which
time frame. Some of the exhibits refer to events that
occurred in 2009, well beyond the statute of limitations.
Plaintiff also has both named a large number of individuals
and attached voluminous exhibits. This requires the Court to
hunt through the exhibits for each defendant's name and
then try to guess what Plaintiff thinks that person did. That
is more than can be reasonably expected. All claims against
all defendants must be set forth in a single document. The
Court will not sift through Plaintiff's exhibits for him
and attempt to cobble together grievances into a coherent
constitutional claim. The Complaint as currently drafted runs
afoul of Rule 8 and for that reason, it must be dismissed.
Court will, however, give Plaintiff an opportunity to submit
an amended complaint to correct the flaw in his pleading.
Should Plaintiff fail to file an amended complaint, of
course, the Court will dismiss this case for failure to state
a claim and assess a strike pursuant to 28 U.S.C. §
1915(g). The Amended Complaint also will be reviewed pursuant
to § 1915A.