United States District Court, S.D. Indiana, Terre Haute Division
ANTHONY E. THOMPSON, Plaintiff,
NEIL J. MARTIN, et al, Defendants.
ENTRY GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS,
SCREENING COMPLAINT, AND DIRECTING FURTHER
William T. Lawrence, Judge United States District Court
plaintiff's motion to proceed in forma pauperis
[dkt. 2] is granted. No initial partial filing fee is
feasible at this time. Notwithstanding the foregoing ruling,
the plaintiff still owes the entire filing fee. "All [28
U.S.C.] § 1915 has ever done is excuse
pre-payment of the docket fees; a litigant remains
liable for them, and for other costs, although poverty may
make collection impossible." Abdul-Wadoodv.
Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996).
plaintiff is a prisoner currently incarcerated at Wabash
Valley Correctional Facility ("Wabash Valley").
Because the plaintiff is a "prisoner" as defined by
28 U.S.C. § 1915(h), this Court has an obligation under
28 U.S.C. § 1915A(b) to screen his complaint before
service on the defendants. Pursuant to 28 U.S.C. §
1915A(b), the Court must dismiss the complaint if it is
frivolous or malicious, fails to state a claim for relief, or
seeks monetary relief against a defendant who is immune from
such relief. In determining whether the complaint states a
claim, the Court applies the same standard as when addressing
a motion to dismiss under Federal Rule of Civil Procedure
12(b)(6). See Lagerstrom v. Kingston, 463 F.3d 621,
624 (7th Cir. 2006). To survive dismissal,
[the] complaint must contain sufficient factual matter,
accepted as true, to state a claim for relief that is
plausible on its face. A claim has facial plausibility when
the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable
for the misconduct alleged.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se
complaints such as that filed by the plaintiff are construed
liberally and held to a less stringent standard than formal
pleadings drafted by lawyers. Obriecht v. Raemisch,
517 F.3d 489, 491 n.2 (7th Cir. 2008).
plaintiff brings this action pursuant to 42 U.S.C. §
1983 against defendants Gregory Haynes, Timothy Bartholomew,
Jeffery Smith, John Nwannunu, Neil Martin, Naveen Rajoli, and
Samuel Byrd, all of whom are physicians at Wabash Valley. The
plaintiff alleges that the defendants violated his Eighth
Amendment rights in that they were deliberately indifferent
to the pain and treatment of his diabetes and right foot pain
from late 2013 through the present.
the plaintiff's claims against Gregory Haynes, John
Nwannunu, and to the extent he attempts to raise claims
against Nurse Hobson and Nurse Robinson, are all dismissed.
Liability under § 1983 requires each defendant to be
personally involved in the alleged constitutional violation,
and the plaintiffs Complaint does not contain any allegations
against these defendants. See Matz v. Klotka, 769
F.3d 517, 528 (7th Cir. 2014); see also Minix v.
Canarecci, 597 F.3d 824, 833 (7th Cir. 2010)
("[I]ndividual liability under § 1983 requires
'personal involvement in the alleged constitutional
deprivation.'") (citation and quotation marks
the plaintiffs claims against Timothy Bartholomew and Jeffery
Smith are barred by the statute of limitations. The statute
of limitations for a § 1983 claim in Indiana is two
years. See Serino v. Hensley, 735 F.3d 588, 590 (7th
Cir. 2013). The plaintiff signed his Complaint on January 18,
2017. Therefore, all claims accruing prior to January 18,
2015, are barred by the statute of limitations. The only
allegations regarding Timothy Bartholomew and Jeffery Smith
stem from late 2013 and 2014. Accordingly, all claims against
these two defendants are dismissed.
the remaining defendants, however, the plaintiff's
allegations are sufficient to state an Eighth Amendment claim
regarding the treatment and pain management of his diabetes
and medical issues with his right foot.
the foregoing, the following claims shall proceed:
• Eighth Amendment medical claims against Neil Martin,
Naveen Rajoli, and Samuel Byrd regarding their treatment and
pain management of the ...