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Robinson v. Lamp

United States District Court, S.D. Illinois

June 5, 2018

CORDERO ROBINSON, # M13893 Plaintiff,
v.
NICK LAMB, WEXFORD MEDICAL SERVICES, Y. SHRIYARN, LORIE CUNNINGHAM, N. BAKER, WEXFORD MEDICAL PROVIDERS, L. HARVEY, and L. LAMP, Defendants.

          MEMORANDUM AND ORDER

          NANCY J. ROSENSTENGEL United States District Judge

         Plaintiff Cordero Robinson, an inmate of the Illinois Department of Corrections currently incarcerated at Lawrence Correctional Center (“Lawrence”), brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff brings claims pertaining to his treatment (or lack thereof) for a brown recluse spider bite.

         This case is now before the Court for a preliminary review of the First Amended Complaint (Doc. 7)[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).

         Upon careful review of the First Amended Complaint and supporting exhibits, the Court finds it appropriate to exercise its authority under § 1915A; this action is subject to summary dismissal.

         The First Amended Complaint

         Plaintiff has named Nick Lamb (Warden), Y. Shriyarn (Medical Director), Lorie Cunningham (Health Care Administrator), N. Baker (Licensed Practical Nurse), L. Harvey (Registered Nurse), L. Lamp (Licensed Practical Nurse), Wexford Medical Services, and Wexford Medical Providers as Defendants. (Doc. 7, pp. 1-2). Plaintiff's statement of claim, in its entirety, is as follows:

On April 23, 24, 2017; June 22, 23, 2017; I was being attacked and intentionally being denied the proper medical treatments such as a (Technical) shot regarding 2 brown recluse spider bites here at Lawrence inmate healthcare unit. Right now I am experienc[ing] excruciating pain in my forearm on the right side, and my left leg hurts from walking and my left side of my face also hurts with pain. See (Appendences/Affidavit).

(Doc. 7, p. 6).

         Plaintiff has attached two affidavits to the First Amended ...


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