United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
Phil Gilbert U.S. District Judge.
Suntez Pasley, an inmate in the Alton Law Enforcement Center,
brings this action for deprivations of his constitutional
rights pursuant to 42 U.S.C. § 1983. Plaintiff requests
damages and injunctive relief. This case is now before the
Court for a preliminary review of the Amended Complaint
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
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 Amended Complaint and any supporting
exhibits, the Court finds it appropriate to exercise its
authority under § 1915A; this action is subject to
summary dismissal. Additionally, there are 2 motions
currently pending in this action. For the reasons stated
below, proposed third-party intervenor George Rhodes'
Motion for Joinder is DENIED. (Doc. 44).
Plaintiff's Motion to Amend is also
DENIED. (Doc. 46).
originally filed suit with several co-plaintiffs on October
10, 2017. (Doc. 1). The Court entered a Boriboune
Order warning plaintiffs of the risks of multi-party
litigation, and as a result, several plaintiffs dropped out
of the suit. (Doc. 3) (Doc. 26). The Court then screened the
Complaint on January 10, 2018 and found that some claims
failed to state a claim upon which relief could be granted,
and a fourth claim was legally frivolous. (Doc. 29). The
Court directed the plaintiffs to file an Amended Complaint no
later than February 8, 2018 on Counts 1-3. (Doc. 29). Instead
of filing a joint amended complaint, plaintiffs filed
individual amended complaints. (Docs. 36, 38-41). On this
basis, and because plaintiffs' claims did not appear to
arise out of the same transaction or occurrence pursuant to
Fed.R.Civ.P. 20, the Court severed this action and placed
each Plaintiff in his own suit. (Doc. 43). This matter is now
before the Court to screen the Amended Complaint filed by
Suntez Pasley on February 8, 2018. (Doc. 41).
alleges that he has been incarcerated at the Alton City Jail
from September 25, 2017 until the present. (Doc. 41, p. 5).
Plaintiff alleges that he is being denied access to the
courts because there is no law library at the Jail, and that
he is being denied access to the current sentencing guideline
also alleges that he is being subjected to unconstitutional
conditions of confinement. Id. Specifically, he
alleges that he was confined to his cell 23 hours a day,
subjected to unclean showers, and that showers have to be
taken during recreation time, cutting into Plaintiff's 1
hour of recreation. Id. There was also cold air
blowing into Plaintiff's cell while it was cold outside.
Id. Plaintiff also alleges that he was subjected to
inadequate nutrition. Id.
alleges that he addressed his access to courts issues and
conditions of confinement issues to all named defendants.
Id. Plaintiff alleges that he has been prescribed
stool softeners and sleeping medication. (Doc. 41, p. 6). Lt.
Cramer also allegedly made a false claim that Plaintiff was