United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. Yandle U.S. District Judge
Christian McLendon, an inmate at Centralia Correctional
Center (“Centralia”), brings this action pursuant
to 42 U.S.C. § 1983 for alleged deprivations of his
constitutional rights. Specifically, Plaintiff claims that
Defendant Millner refused to make copies for him and issued
him a disciplinary ticket in retaliation for filing a
grievance against her, in violation of his First and
Fourteenth Amendment rights. (Doc. 1). This case is now
before the Court for a preliminary review of the 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 Complaint and any supporting exhibits,
the Court finds it appropriate to allow this case to proceed
past the threshold stage.
makes the following allegations in his Complaint (Doc. 1): on
August 31, 2017, Plaintiff requested to have several legal
documents notarized and copied at the law library. (Doc. 1,
p. 3). The librarian, Defendant Millner, refused to make
copies of Plaintiff's documents. Id. Plaintiff
asked her why, but she merely reiterated her refusal and told
him to sit down. Id. She also “fetched'
C/O Campbell, an officer posted at the law library, which
Plaintiff felt was an attempt to intimidate him into not
asking her for anything. Id. Plaintiff asked Millner
for copies and a notary several more times. Id. He
also showed her a letter from his attorney about his appeal
and explained that the copies were so that he could discuss
his appeal with him. Id. Millner told Plaintiff that
if that were true, his attorney would make copies for him.
filed a grievance about the incident on September 1, 2017.
Id. Before he received a response, he once again
went to the law library and requested copies and a notary
from Millner. (Doc. 1, p. 4). Millner provided him with what
he requested. Id. On September 21, 2017, after
Millner learned of Plaintiff's grievance, she wrote
Plaintiff a disciplinary report “for 206 Intimidation
or threats” based on a statement Plaintiff included in
his grievance. Id. The statement read: “I
believe I asserted my right to the best of my ability, other
than displaying obstructive/disruptive behavior, and causing
physical force/harm.” (Doc. 1, p. 3).
wrote a grievance regarding the disciplinary ticket on
September 22, 2017 (Doc. 1, p. 4). Six days later, Plaintiff
discovered the ticket's charges were reduced “to
304 Insolence (DR. 504) and that he was found guilty and
given 2 months C grade (where he would not be allowed to
transfer, use phones, shop at commissary, attend certain yard
calls, or go to the gym).” Id. Plaintiff's
initial grievance was heard by Susan Walker, a grievance
officer, on October 2, 2017. Id. She denied the
grievance, concurring with Millner without any investigation.
Id. On November 14, 2017, Dave White issued a
decision for the Administrative Review Board denying
Plaintiff's grievance. Id.
requests monetary damages and declaratory relief. (Doc. 1, p.
6). He also requests permanent injunctive relief, requiring
that he “receive copies of ...