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Holmon v. Hawkins

United States District Court, S.D. Illinois

March 29, 2018

JOHN HOLMON, #B80093, Plaintiff,
v.
HOLLY HAWKINS, Defendant.

          MEMORANDUM & ORDER

          MICHAEL J. REAGAN, United States District Court Chief Judge.

         Plaintiff John Holmon, an inmate who is currently incarcerated at Menard Correctional Center (“Menard”), brings this civil rights action pursuant to 42 U.S.C. § 1983 against the prison's nursing director, Holly Hawkins. (Doc. 1). Plaintiff claims that the prison's medical staff refused to dispense his prescription medication for high blood pressure in December 2017 and January 2018. (Doc. 1, p. 5). When Plaintiff asked Nursing Director Hawkins to intervene, she allegedly ignored his request. Id. He now brings this civil rights action against the nursing director. Id. Plaintiff seeks monetary damages against this defendant and termination of her employment at the prison. (Doc. 1, p. 6).

         This case is now before the Court for preliminary review of the Complaint (Doc. 1) 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). The Complaint survives preliminary review under this standard.

         Complaint

         According to the allegations in the Complaint, Plaintiff requires prescription medication for hypertension. (Doc. 1, p. 5). In December 2017, the medical staff at Menard stopped administering Plaintiff's medication to him. Id. For more than a month, he went without it. Id. During this same time period, Plaintiff suffered from intense headaches and frequent nosebleeds. Id.

         Plaintiff wrote a number of grievances to the prison's nursing director, Holly Hawkins. (Doc. 1, p. 5). He informed her that the medical staff refused to dispense his prescription medication. Id. Plaintiff also complained about his related headaches and nosebleeds. Id. He requested the nursing director's assistance in obtaining his medication. Id. Plaintiff alleges that Nursing Director Hawkins ignored his requests for more than a month. Id. As a result, he suffered unnecessarily. Id.

         Discussion

         To facilitate the orderly management of future proceedings in this case, and in accordance with the objectives of Federal Rules of Civil Procedure 8(e) and 10(b), the Court deems it appropriate to organize the claims in Plaintiff's pro se Complaint (Doc. 1) into the following counts:

Count 1 - Eighth Amendment deliberate indifference to medical needs claim against Nursing Director Hawkins for refusing to intervene and assist Plaintiff in obtaining prescription refills of his blood pressure ...

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