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Patrick Edward Guy v. Margaret Mims

October 6, 2011

PATRICK EDWARD GUY, PLAINTIFF,
v.
MARGARET MIMS, ET AL., DEFENDANTS.



ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND (ECF No. 1) AMENDED COMPLAINT DUE WITHIN THIRTY DAYS SCREENING ORDER

I. PROCEDURAL HISTORY

Plaintiff Patrick Edward Guy*fn1 ("Plaintiff") is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This Complaint is now before the Court for screening.

For the reasons set forth below, the Court finds that Plaintiff's Complaint fails to state a claim upon which relief may be granted.

II. SCREENING REQUIREMENTS

The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).

A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Iqbal, 129 S.Ct. at 1949.

III. SUMMARY OF COMPLAINT

Plaintiff brings this action for violations of the First Amendment and Religious Land Use and Institutionalized Person Act of 2000 ("RLUIPA"). Plaintiff names the following individuals as Defendants: Margaret Mimms, Terry Ashmore, Michelle LeFors, Kurtze, J. Ruiz, and Ebguziem.

Plaintiff alleges as follows: Defendant Ashmore refused to provide Plaintiff with a kosher diet because Plaintiff did not qualify for kosher meals under the jail's policy. Defendant Ashmore stated that because Plaintiff was not associated with a local synagogue and because a rabbi had not verified that Plaintiff was an "orthodox jew", Plaintiff did not qualify for a kosher diet. Defendant LeFors and Defendant Kurtze denied Plaintiff's appeal. On April 20, 2011, Defendant Ruiz told Plaintiff that Defendant Ebguziem said that Plaintiff must surrender his yarmulke because it had not been approved.

Plaintiff seeks monetary damages and injunctive relief.

IV. ANALYSIS

The Civil Rights Act under which this action was filed provides:

Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution . . . shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. 42 U.S.C. ยง 1983. "Section 1983 . . . creates a cause of action for violations of the federal ...


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