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Hunt v. Putnamville Correctional Facility

United States District Court, S.D. Indiana, Terre Haute Division

September 7, 2016

JEREMY HUNT, Plaintiff,
v.
PUTNAMVILLE CORRECTIONAL FACILITY, PUTNAMVILLE DENTAL, PUTNAMVILLE MEDICAL, Defendants.

          ENTRY GRANTING MOTION TO PROCEED IN FORMA PAUPERIS, DISCUSSING COMPLAINT, AND DIRECTING FURTHER PROCEEDINGS

          LARRY J. McKINNEY, JUDGE.

         I. Motion to Proceed in forma pauperis

         Plaintiff's Hunt's motion to proceed in forma pauperis [dkt 2] is granted. No assessment of an initial partial filing fee is feasible at this time.

         II. Screening of the Complaint

         The complaint is now subject to the screening requirement of 28 U.S.C. § 1915A(b). This statute directs that the court dismiss a complaint or any claim within a complaint which “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id. To satisfy the notice-pleading standard of Rule 8 of the Federal Rules of Civil Procedure, a complaint must provide a “short and plain statement of the claim showing that the pleader is entitled to relief, ” which is sufficient to provide the defendant with “fair notice” of the claim and its basis. Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) and quoting Fed.R.Civ.P. 8(a)(2)). The purpose of this requirement is “to give the defendant fair notice of what the claim is and the grounds upon which it rests.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)(citing Conley v. Gibson, 355 U.S. 41, 47 (1957)); see also Wade v. Hopper, 993 F.2d 1246, 1249 (7th Cir. 1993)(noting that the main purpose of Rule 8 is rooted in fair notice: a complaint “must be presented with intelligibility sufficient for a court or opposing party to understand whether a valid claim is alleged and if so what it is.”) (quotation omitted)). The complaint “must actually suggest that the plaintiff has a right to relief, by providing allegations that raise a right to relief above the speculative level.” Windy City Metal Fabricators & Supply, Inc. v. CIT Tech. Fin. Servs., 536 F.3d 663, 668 (7th Cir. 2008) (quoting Tamayo v. Blagojevich, 526 F.3d 1074, 1084 (7th Cir. 2008)).

         Based on the above screening, the complaint must be dismissed. Hunt names as defendants Putnamville Correctional Facility, Putnamville Dental, and Putnamville Medical. To state a claim under 42 U.S.C. § 1983, a plaintiff must allege the violation of a right secured by the Constitution or laws of the United States and must show that the alleged deprivation was committed by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988). The correctional facility is not a “person” subject to suit pursuant to 42 U.S.C. § 1983. Similarly, the claims against Putnamville Dental and Putnamville Medical must be dismissed because a group of people is not a “person” subject to suit under Section 1983. Further, a defendant can only be liable for the actions or omissions in which he personally participated. Sanville v. McCaughtry, 266 F.3d 724, 734 (7th Cir. 2001). “Because vicarious liability is inapplicable to . . . § 1983 suits, a plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution.” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1948 (2009).

         III. Opportunity to File an Amended Complaint

         The dismissal of the complaint will not in this instance lead to the dismissal of the action at present. Instead, the plaintiff shall have through October 7, 2016, in which to file an amended complaint.

         In filing an amended complaint, the plaintiff shall conform to the following guidelines: (a) the amended complaint shall comply with the requirement of Rule 8(a)(2) of the Federal Rules of Civil Procedure that pleadings contain “a short and plain statement of the claim showing that the pleader is entitled to relief. . . ., ” which is sufficient to provide the defendant with “fair notice” of the claim and its basis. Erickson v. Pardus, 551 U.S. 89, 93 (2007) (per curiam) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) and quoting Fed.R.Civ.P. 8(a)(2)); (b) the amended complaint must include a demand for the relief sought; (c) the amended complaint must identify what legal injury they claim to have suffered and what persons are responsible for each such legal injury; and (d) the amended complaint must include the case number referenced in the caption of this Entry. The plaintiff is further notified that “[u]nrelated claims against different defendants belong in different suits.” George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007).

         In organizing his complaint, the plaintiff may benefit from utilizing the Court's complaint form. The clerk is directed to include a copy of the prisoner civil rights complaint form along with the plaintiffs copy of this Entry.

         If an amended complaint is filed as directed above, it will be screened. If no amended complaint is filed, this action will be dismissed for the reasons set forth above.

         IT ...


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