United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL UNITED STATES DISTRICT JUDGE
Justin Baker, an inmate of the Illinois Department of
Corrections currently incarcerated at Menard Correctional
Center, brings this action seeking damages for deprivations
of his constitutional rights pursuant to 42 U.S.C. §
1983. The case is now before the Court for a preliminary
review of the First Amended Complaint pursuant to 28 U.S.C.
§ 1915A, which provides:
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.
Grounds for Dismissal - On review, the court shall identify
cognizable claims or dismiss the complaint, or any portion of
the complaint, if the complaint-
frivolous, malicious, or fails to state a claim on which
relief may be granted; or
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.
First Amended Complaint
originally filed this lawsuit on December 11, 2017. (Doc. 1).
On February 13, 2018, the Court dismissed the Complaint for
failure to follow Federal Rule of Civil Procedure 8 and
directed Plaintiff to file an Amended Complaint on or before
March 13, 2018. (Doc. 8). Plaintiff filed the First Amended
Complaint on March 5, 2018. (Doc. 9).
statement of claim reads, in its entirety: “see exhibit
#D Page #41-42.” (Doc. 9, p. 5). Exhibit D contains
lettered paragraphs and does not appear to have been part of
another grievance or a kite. Thus the Court will assume that
Exhibit D is meant to be a standalone statement of claim. The
Court did not consider any of Plaintiff's other exhibits
as part of his statement of claim, and to the extent that
those exhibits recount cognizable claims, those claims are
dismissed without prejudice for failure to conform to Rule 8.
in 2017, Plaintiff began experiencing pain, inflammation, a
burning sensation, redness, and swelling in his ankle. (Doc.
9, p. 35). He also hears popping or grinding in the joint.
Id. On March 19, 2017, Plaintiff filed an emergency
grievance to Warden Lashbrook regarding his issues, but the
grievance was “not substantiated.” Id.
Plaintiff saw the nurse on April 10, 2017, and she prescribed
Motrin and referred Plaintiff to the doctor. (Doc. 9, p. 36).
Plaintiff was seen by nurse practitioner Moldenhauer on April
17, 2017, and prescribed Tylenol. Id. Plaintiff
filed another grievance on April 27, 2017, alleging that
health care was not properly responding to his ankle
complaints. (Doc. 9, p. 35).
October 23, 2017, Plaintiff wrote a grievance alleging that
he continued to experience symptoms in his ankle, but
claiming that Siddiqui and Moldenhauer refused to provide
anything more than pain medication. (Doc. 9, p. 36).
Plaintiff alleges that any medical issues within Menard are
overseen by Wexford Health Sources, and that Wexford has a
policy to cut costs by refusing to provide inmates with
adequate medications or health care. (Doc. 9, p. 35).
on the allegations of the First Amended Complaint, the Court
finds it convenient to divide the pro se action into
two counts. The parties and the Court will use these
designations in all future pleadings and orders, unless
otherwise directed by a ...