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Chadwick v. Bryan

United States District Court, M.D. Tennessee, Nashville Division

February 2, 2018

SHANNON ROY CHADWICK, Plaintiff,
v.
SHERIFF ROBERT BRYAN et al, Defendants.

          MEMORANDUM OPINION

          WAVERLY D. CRENSHAW, JR. CHIEF UNITED STATES DISTRICT JUDGE.

         Shannon Roy Chadwick, proceeding pro se, has filed a civil rights complaint against Defendants Sheriff Robert Bryan, Nurse Rena [L/N/U], Wisardt Sinchat, [1] Anthony Lopez, CCA and Dr. James Bridges. (Doc. No. 1.) Before the court is the plaintiff's application to proceed in forma pauperis (Doc. No. 6) In addition, his complaint is before the court for an initial review pursuant to the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. §§ 1915(e)(2) and 1915A, and 42 U.S.C. § 1997e.

         I. Application to Proceed as a Pauper

         Under the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(a), a prisoner bringing a civil action may be permitted to file suit without prepaying the filing fee required by 28 U.S.C. § 1914(a). Because the plaintiff properly submitted an application to proceed in forma pauperis and because it appears from his submissions that the plaintiff lacks sufficient financial resources from which to pay the full filing fee in advance, the application (ECF No. 6) will be granted.

         However, under § 1915(b), the plaintiff nonetheless remains responsible for paying the full filing fee. The obligation to pay the fee accrues at the time the case is filed, but the PLRA provides prisoner-plaintiffs the opportunity to make a “down payment” of a partial filing fee and to pay the remainder in installments. Accordingly, the plaintiff will be assessed the full $350 filing fee, to be paid as directed in the accompanying order.

         II. Dismissal of the Complaint

         Pursuant to 28 U.S.C. § 1915(e)(2), the Court is required to conduct an initial review of any complaint filed in forma pauperis and to dismiss the complaint if it is facially frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief against a defendant who is immune from such relief. Begola v. Brown, 172 F.3d 47 (Table), 1998 WL 894722, at *1 (6th Cir. Dec. 14, 1998) (citing McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007)). The Court must construe a pro se plaintiff's complaint liberally, Boag v. McDaniel, 454 U.S. 364, 365 (1982), and accept the plaintiff's allegations as true unless they are clearly irrational or wholly incredible. Denton v. Hernandez, 504 U.S. 25, 33 (1992).

         A. Factual Allegations

         The plaintiff alleges that on December 5, 2016 he was taken to a facility to have surgery for a hernia in his groin. (Doc. No. 1 at Page ID# 7.) On December 7, 2016, his right testicle started swelling. (Id.) He asked Deputy Conner to take him to medical. (Id.) Defendant Nurse Renee and her supervisor were present in the medical clinic. (Id.) After Plaintiff was taken to medical, Deputy Darbone told Plaintiff that Deputy Hensley was taking Plaintiff back to the hospital, where he spent an unspecified period of time. (Id.) When Plaintiff returned to the jail, Defendant Nurse Renee had Plaintiff placed in medical. (Id.). Plaintiff was housed in “M-16.” (Id.) Deputy Darbone told Plaintiff that he did not know why Plaintiff had been placed in “M-16” because that is where they “put people [who] are being punished.” (Id.) Plaintiff was very uncomfortable in “M-16” and told every guard he saw. (Id. at Page ID ## 6-7.) Plaintiff alleges that “M-16” was cold, “maybe 20-25 degrees colder than the rest of the jail.” (Id. at Page ID# 7.) Plaintiff was housed in “M-16” for several days. (Id.) Finally, Plaintiff asked to talk with someone about moving out of “M-16.” (Id.) Deputy Hensley had Plaintiff moved to the main part of the medical unit. (Id.) Plaintiff alleges that because of the poor conditions in “M-16” he was not “cleared by medical for another week.” (Id.)

         B. Standard of Review

         If an action is filed in forma pauperis, “the court shall dismiss the case at any time if the court determines that . . . the action . . . fails to state a claim on which relief may be granted.” 28 U.S.C. § 1915(e)(2)(B)(ii). In assessing whether the complaint in this case states a claim on which relief may be granted, the court applies the standards under Rule 12(b)(6) of the Federal Rules of Civil Procedure, as construed by Ashcroft v. Iqbal, 556 U.S. 662, 678-79 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-57 (2007). See Hill v. Lappin, 630 F.3d 468, 470-71 (6th Cir. 2010) (holding that “the dismissal standard articulated in Iqbal and Twombly governs dismissals for failure to state a claim under [§ 1915(e)(2)(B)(ii)] because the relevant statutory language tracks the language in Rule 12(b)(6)”). “Accepting all well-pleaded allegations in the complaint as true, the Court ‘consider[s] the factual allegations in [the] complaint to determine if they plausibly suggest an entitlement to relief.'” Williams v. Curtin, 631 F.3d 380, 383 (6th Cir. 2011) (quoting Iqbal, 556 U.S. at 681) (alteration in original). “[P]leadings that . . . are no more than conclusions[] are not entitled to the assumption of truth. While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations.” Iqbal, 556 U.S. at 679; see also Twombly, 550 U.S. at 555 n.3 (“Rule 8(a)(2) still requires a ‘showing, ' rather than a blanket assertion, of entitlement to relief. Without some factual allegation in the complaint, it is hard to see how a claimant could satisfy the requirement of providing not only ‘fair notice' of the nature of the claim, but also ‘grounds' on which the claim rests.”).

         “Pro se complaints are to be held to less stringent standards than formal pleadings drafted by lawyers, and should therefore be liberally construed.” Williams, 631 F.3d at 383 (internal quotation marks and citation omitted). Pro se litigants, however, are not exempt from the requirements of the Federal Rules of Civil Procedure. Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989). The court is not required to create a claim for the plaintiff. Clark v. Nat'l Travelers Life Ins. Co., 518 F.2d 1167, 1169 (6th Cir. 1975); see also Brown v. Matauszak, 415 F. App'x 608, 613 (6th Cir. 2011) (“[A] court cannot create a claim which [a plaintiff] has not spelled out in his pleading”) (internal quotation marks and citation omitted); Payne v. Sec'y of Treas., 73 F. App'x 836, 837 (6th Cir. 2003) (affirming sua sponte dismissal of complaint pursuant to Fed.R.Civ.P. 8(a)(2) and stating, “[n]either this court nor the district court is required to create Payne's claim for her”).

         C. Discussion

         1. Defendants Bryan, Sinchat, ...


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