United States District Court, C.D. Illinois
MERIT REVIEW ORDER
BILLY McDADE, UNITED STATES DISTRICT JUDGE.
proceeding pro se, files an action under 42 U.S.C.
§ 198, alleging deliberate indifference to his serious
medical needs and sexual assault at the Danville Correctional
Center (“Danville”). In reviewing the complaint,
the Court accepts the factual allegations as true, liberally
construing them in Plaintiff's favor. Turley v.
Rednour, 729 F.3d 645, 649 (7th Cir. 2013). However,
conclusory statements and labels are insufficient. Enough
facts must be provided to "'state a claim for relief
that is plausible on its face.'" Alexander v.
U.S., 721 F.3d 418, 422 (7th Cir. 2013)(quoted cite
has handwritten his complaint in a very florid style which is
difficult to read. The Court understands Plaintiff to plead
that some time prior to April 11, 2017, he began noticing
white blood-stained tissue in his bowel movements. Plaintiff
believes that the tissue was caused by unspecified
“stomach bleeding.” On April 11, 2017, Plaintiff
saw Dr. Young in response to these complaints. Plaintiff gave
Defendant Young a stool sample which allegedly showed the
aforementioned blood-tinged white tissue. Defendant Young
indicated that he needed to undertake a rectal exam.
Plaintiff consented to it, but only grudgingly, and because
he feared that he was bleeding internally.
claims that when Defendant Young undertook the rectal exam,
he placed the sperm of another inmate, Wilkerson, into
Plaintiff's rectum. Plaintiff states this in conclusory
fashion, not providing any supporting detail, not explaining
how this could have been accomplished, or why he believes
this to be the case. Plaintiff also claims that psychiatrist,
Defendant Henry, “set him up” for the sexual
assault when, in response to his complaints, she scheduled
him to be seen by Dr. Young. Plaintiff makes the additional
claim that Defendant Henry put him on an unidentified
“forced medication.” It is unclear whether
Plaintiff has offered any further detail as to the forced
medication as the handwriting at this point is
Fed.R.Civ.P. 8(a)(2), a plaintiff is required to plead in a
manner which shows he is entitled to some form of relief.
See Long v. Wondra, No. 12- 647, 2013 WL 12098999,
at *4 (W.D. Wis. Sept. 16, 2013), aff'd, 553
Fed.Appx. 637 (7th Cir. 2014). “While it is not
necessary to plead specific facts, ‘[t]hreadbare
recitals of the elements of a cause of action, supported by
mere conclusory statements, do not suffice.'”
Id. quoting Ashcroft v. Iqbal, 556 U.S.
662, 678 (2007) (citing Twombly, 550 U.S. at 555)
(“observing that courts ‘are not bound to accept
as true a legal conclusion couched as a factual
allegation.'”) Here, Plaintiff has not provided
sufficient detail in his allegations against Defendant Henry
to state a plausible case.
allegations against Defendant Young are even more threadbare.
While a prison official is potentially liable if he acts
“in a harassing manner intended to humiliate and
inflict psychological pain, ” Turner v.
Huibregtse, 421 F.Supp.2d 1149, 1151 (W.D. Wis March 22,
2006), Plaintiff does not provide sufficient corroborating
detail. Plaintiff's claim is so extreme and so devoid of
fact that it might well be delusional. See McCuan v.
Campanella, No. 16- 00605, 2016 WL 6248318, at *2-3
(S.D. Ill. Oct. 26, 2016) (a court is not required, under the
IFP statute, to accept allegations that are clearly divorced
Plaintiff's unsupported allegations fails to state a
cognizable claim. In an abundance of caution, however,
Plaintiff will be given an opportunity to replead within 30
days, with more specificity.
IS THEREFORE ORDERED:
Plaintiff's complaint is dismissed for failure to state a
claim pursuant to Fed.R.Civ.P. 12(b)(6) and 28 U.S.C. §
1915A. Plaintiff will have 30 days from the entry of this
order in which to replead his claims. The pleading is to be
captioned Amended Complaint and is to include all of
Plaintiff's claims without reference to a prior pleading.
Failure to file an amended complaint will result in the
dismissal of this case, without prejudice, for failure to
state a claim. It is recommended that Plaintiff either print
the amended complaint or handwrite it in a more legible
Plaintiff files  indicating that his last name has been
misspelled in the caption and should read
“Maboneza” rather than “Mabonza”. 
is GRANTED to the ...