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Michael Eugene Hollis v. Fnu Shumate

October 12, 2011

MICHAEL EUGENE HOLLIS,
PLAINTIFF,
v.
FNU SHUMATE, 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 Michael Eugene Hollis ("Plaintiff") is a federal prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff began this action on May 10, 2011. (ECF No. 1.) Plaintiff's Complaint is now before the Court for screening.

For the reasons stated below, the Court finds that Plaintiff has failed 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*fn1

Plaintiff alleges violations of Due Process, Equal Protection, and the Eighth and First Amendments. Plaintiff names FNU Shumate and FNU Oliver as Defendants.

Plaintiff alleges the following: On a date not specified, Plaintiff had surgery for osteoarthritis and was prescribed pain medication. On August 19, 2008, Plaintiff, who is a disabled American, arrived at Fresno County Jail. Plaintiff was mis-classified and placed in a unit with stairs. He was forced to climb stairs without his medication. Plaintiff was denied his medication from August 19, 2008 until August 23, 2008.

On September 1, 2008, Plaintiff was seen by a nurse about his knee. She recommended that he be examined by a doctor. Later that same day, Plaintiff was reclassified and housed in the correct housing unit without stairs.

On September 2, 2008, Defendant Shumate re-housed Plaintiff in the original facility with the stairs. Plaintiff remained there until September 12, 2008 when he was again moved by Defendant Shumate. This time Plaintiff was housed in a medical lockdown unit. Defendant Oliver attempted to house Plaintiff with a violent murderer. Defendants Oliver and Shumate housed Plaintiff with other violent cellmates.

Plaintiff seeks punitive and compensatory 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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