Moore v. Pierce

Filing 10

MERIT REVIEW ORDER: Plaintiff's case is DISMISSED with leave to replead within 30 days. Motions 5 , 7 , 8 and 9 are rendered moot. See written order. Entered by Judge Sue E. Myerscough on 09/28/2016. (SKN, ilcd) Modified on 9/29/2016 (SKN, ilcd). (Main Document 10 replaced on 9/29/2016) (SKN, ilcd).

E-FILED

Thursday, 29 September, 2016 11:10:44 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
JEROME MOORE,
Plaintiff,
v.
GUY PIERCE,
Defendant.

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No.: 16-cv-1110-SEM

MERIT REVIEW ORDER
Plaintiff, proceeding pro se, filed an action under 42 U.S.C.
§ 1983 alleging inhumane conditions of confinement at the Pontiac
Correctional Center.   The case is before the Court for a merit
review pursuant to 28 U.S.C. § 1915A. In reviewing the Complaint,
the Court accepts the factual allegations as true, liberally
construing them in Plaintiff's favor. Turley v. Rednour, 729 F.3d
645, 649 (7th Cir. 2103). However, conclusory statements and
labels are insufficient. Enough facts must be provided to "'state a
claim for relief that is plausible on its face.'" Alexander v. U.S., 721
F.3d 418, 422 (7th Cir. 2013).
ANALYSIS
Plaintiff alleges that, on October 28, 2015, he was released
from segregation and, per orders of Defendant Warden Pierce,
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placed in the South Mental Health Segregation Unit. Plaintiff
complains that, there, he was “treated like a segregated prisoner,”
rather than an inmate in general population. Plaintiff alleges that
he was in his cell 24-hours per day, that he was handcuffed while
escorted, that his mental health treatment was stopped, that he
was denied commissary privileges, and that he was given only one
shower per week. Plaintiff claims that he remained under these
allegedly unconstitutional living conditions for more than two
months.
Plaintiff’s complaint is that he was treated as a segregated
prisoner. He does not claim that the conditions in segregation were
atypical, only that he should not have been subjected to them.
Plaintiff asserts, however, that he was housed in the South Mental
Health Segregation Unit. It appears, therefore, that he was a
prisoner in segregation, and that this was the reason he was
subjected to segregation conditions.
The Seventh Circuit has consistently noted that the essential
function of a complaint under the civil rules...is to put the
defendant on notice of the plaintiff’s claim. Ross Brothers
Construction Co., Inc., v. International Steel Services, Inc. 2002 WL
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413172 at 4 (7th Cir. 2002). The Plaintiff’s complaint fails to
provide this notice. The court cannot clearly discern what Plaintiff
means to allege where he claims to have been subject to [typical]
conditions of segregation while in segregation.
Plaintiff fails to state a claim for a constitutional violation. He
will be given an opportunity, however, to amend his complaint in
the event that the Court has mischaracterized or misunderstood his
pleading.
IT IS THEREFORE ORDERED:
1.

Plaintiff’s complaint is DISMISSED, with leave to replead

within 30 days.
2.

Plaintiff’s Motion for Recruitment of pro bono counsel [5],

is rendered MOOT. Plaintiff’s Motions for Status [7], [8] and [9] are
also rendered MOOT.

9/28/2016
ENTERED

_____s/Sue E. Myerscough________
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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