United States District Court, S.D. Indiana, Indianapolis Division
ENTRY DISMISSING COMPLAINT AND DIRECTING FURTHER
WALTON PRATT, JUDGE
plaintiff is a prisoner currently incarcerated at Indiana
Women's Prison (“IWP”). 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 against Julie Murphy and the
Wexford Medical Staff at IWP. The plaintiff alleges that she
was denied a hearing aid for over two months, which left her
unable to hear. She therefore had difficulty following orders
from staff, participating in activities, and her safety was
put at risk.
plaintiff's allegations may be sufficient to state an
Eighth Amendment violation. However, her Complaint is
nevertheless insufficient. First, she does not name the
specific “Wexford Medical Staff” who were
personally responsible for her lack of a hearing aid.
“A damages suit under § 1983 requires that a
defendant be personally involved in the alleged
constitutional deprivation.” Matz v. Klotka,
769 F.3d 517, 528 (7th Cir. 2014). To the extent the
plaintiff is attempting to name anonymous medical staff at
IWP, “it is pointless to include [an] anonymous
defendant  in federal court; this type of placeholder does
not open the door to relation back under Fed.R.Civ.P. 15, nor
can it otherwise help the plaintiff.” Wudtke v.
Davel, 128 F.3d 1057, 1060 (7th Cir. 1997) (internal
defendant Julie Murphy is named in the caption, but the
plaintiff's factual allegations do not include any
allegations against Ms. Murphy. “Where a complaint
alleges no specific act or conduct on the part of the
defendant and the complaint is silent as to the defendant
except for his name appearing in the caption, the complaint
is properly dismissed.” Potter v. Clark, 497
F.2d 1206, 1207 (7th Cir. 1974).
reasons set forth above, the plaintiff's Complaint must
be dismissed. 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 January 9,
2019, in which to file an amended complaint.
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.
amended complaint should have the proper case number,
1:18-cv-02914-TWP-TAB and the words “Amended
Complaint” on the first page. 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.