Minks v. Miami Dade County Corrections and Rehabilitation Department et al

Filing 6

REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 1 Complaint filed by Thomas James Minks. Recommending 1. The complaint be dismissed pursuant to 28 U.S.C.§1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted; and 2. The case be closed. Objections to R&R due by 11/2/2009. Signed by Magistrate Judge Patrick A. White on 10/15/2009. (tw)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-22720-CIV-LENARD MAGISTRATE JUDGE P.A. WHITE THOMAS JAMES MINKS, Plaintiff, v. MIAMI-DADE CORRECTIONS AND REHAB. DEPT.,ET AL., Defendants. ____________________________ I. : : : : : REPORT OF MAGISTRATE JUDGE

Introduction

The plaintiff Thomas James Minks, currently detained in the Dade County Jail, has filed a pro se civil rights complaint pursuant to 42 U.S.C. §1983. [DE #1]. The plaintiff is proceeding in forma pauperis. [DE# 4]. This Cause is presently before the Court for initial screening pursuant to 28 U.S.C. §1915, because the plaintiff is proceeding in forma pauperis. II. Analysis

As amended, 28 U.S.C. §1915 reads in pertinent part as follows: Sec. 1915 Proceedings in Forma Pauperis * * *

(e)(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 ­ * * *

(B) the action or appeal ­ * (i) * *

is frivolous or malicious;

(ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief from a defendant who is immune from such relief. A complaint is "frivolous under section 1915(e) "where it lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989); Bilal v. Driver, 251 F.3d 1346, 1349 (11 Cir.), cert. denied, 534 U.S. 1044 (2001). Dismissals on this ground should only be ordered when the legal theories are "indisputably meritless," id., 490 U.S. at 327, or when the claims rely on factual allegations that are "clearly baseless." Denton v. Hernandez, 504 U.S. 25, 31 (1992). Dismissals for failure to state a claim are governed by the same standard as Federal Rule of Civil Procedure 12(b)(6). Mitchell v. Farcass, 112 F.3d 1483, 1490 (11 In order Cir. 1997)("The language of section 1915(e)(2)(B)(ii) tracks the language of Federal Rule of Civil Procedure 12(b)(6)"). 2

to state a claim, a plaintiff must show that conduct under color of state law, complained of in the civil rights suit, violated the plaintiff's rights, privileges, or immunities under the Constitution or laws of the United States. County, 139 F.3d 865, 872 (11 Cir. 1998). Pro se complaints are held to "less stringent standards than formal pleadings drafted by lawyers and can only be dismissed for failure to state a claim if it appears 'beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.'" Estelle v. Gamble, 429 U.S. 97, 106 (1979) (quoting Haines v. Kerner, 404 U.S. 519, 520-21 (1972)). The allegations of the complaint are taken as true and are construed in the light most favorable to Plaintiff. Davis v. Arrington v. Cobb

Monroe County Bd. Of Educ., 120 F.3d 1390, 1393 (11 Cir. 1997). To determine whether a complaint fails to state a claim upon which relief can be granted, the Court must engage in a two-step inquiry. First, the Court must identify the allegations in the Twombly complaint that are not entitled to the assumption of truth. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). applies to §1983 prisoner actions. 1316, 1321 (11 Cir. 2008). See Douglas v. Yates, 535 F.3d

These include "legal conclusions" and Second, the Court

"[t]hreadbare recitals of the elements of a cause of action [that are] supported by mere conclusory statements." relief. sense." Id. must determine whether the complaint states a plausible claim for This is a "context-specific task that requires the reviewing court to draw on its judicial experience and common The plaintiff is required to plead facts that show more The Court must review When faced with than the "mere possibility of misconduct."

the factual allegations in the complaint "to determine if they plausibly suggest an entitlement to relief." 3

alternative explanations for the alleged misconduct, the Court may exercise its judgment in determining whether plaintiff's proffered conclusion is the most plausible or whether it is more likely that no misconduct occurred.1 The plaintiff claims that the replacement of the facility law library with a private legal research company (Legal Research Associates) has curtailed inmates' right to access to the courts. He does not allege that he is involved in any ongoing litigation and that he has been prejudiced in any way. and inaccurate. He seeks equitable relief. The plaintiff complains that responses to the information requested are delayed

The plaintiff has not stated sufficient facts so that a complaint of denial of access to the courts may proceed, as he has not alleged that he has suffered an actual injury. a constitutional right of access to the courts. (1977). Prisoners have See Lewis v.

Casey, 518 U.S. 343, 346 (1996); Bounds v. Smith, 430 U.S. 817, 821 The right, however, only requires that prisoners have the See Lewis, 518 U.S. at 356-57. to non-frivolous suits. criminal See id. §1983 at Moreover, the right habeas 3 & corpus 354-55. 353 n. capability of bringing challenges to sentences or conditions of confinement. is limited actions, and appeals,

Therefore, the right of access to the courts is only a right to present these kinds of claims to the court, and not a right to discover claims or to litigate them effectively once filed. See id. at 354-55. id. at 349. As a jurisdictional requirement flowing from the "Actual injury" is prejudice with respect to standing doctrine, the prisoner must allege an actual injury. See contemplated or existing litigation, such as the inability to The application of the Twombly standard was clarified in Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009). 4
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present a claim.

See id.

In this case, the plaintiff does not

state that he has been prejudiced in any litigation; his claims relate to the processing and handling of legal research in general. III. Recommendation

Based on the foregoing, it is recommended that: 1. The complaint be dismissed pursuant to 28 U.S.C.

§1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted; and 2. The case be closed.

Objections to this report may be filed with the District Judge within ten days of receipt of a copy of the report. It is so recommended at Miami, Florida, this 15th day of October, 2009.

______________________________ UNITED STATES MAGISTRATE JUDGE

cc:

Thomas James Minks, Pro Se No. 090047415 Dade County Jail 1321 N.W. 13th Street Miami, FL 33125

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