Kinnerson v. McLean County Detention Facility et al
Filing
9
MERIT REVIEW OPINION - Entered by Judge Harold A. Baker on 9/29/2016. The plaintiff's complaint is hereby dismissed with leave to plead over. The plaintiff may file an amended complaint, within thirty (30) days of this order, that states, with specificity, how the opening of his legal mail infringed upon his ability to litigate an otherwise meritorious claim. If the plaintiff fails to file an amended complaint or follow the court's specific instructions, as outlined in this order, his case may be dismissed. Any amended complaint should include all claims against all defendants. Piecemeal complaints are not permitted. The clerk is directed to provide the plaintiff with a blank complaint form to assist him. (LN, ilcd)
E-FILED
Thursday, 29 September, 2016 10:22:39 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ROGER L. KINNERSON,
vs.
Plaintiff,
McLEAN COUNTY DETENTION
FACILITY, et al.,
Defendants.
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16-CV-1295
MERIT REVIEW ORDER
This case is before the court for a merit review of the plaintiff's claims. The court
is required by 28 U.S.C. §1915A to “screen” the plaintiff’s complaint, and through such
process to identify and dismiss any legally insufficient claim, or the entire action if
warranted. A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state
a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant
who is immune from such relief.” 28 U.S.C. §1915A.
In reviewing the complaint, the Court accepts the factual allegations as true,
liberally construing them in the plaintiff’s favor. Turley v. Rednour, 729 F.3d 645, 649 (7th
Cir. 2013). 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)(citation omitted). The Court has reviewed the
complaint and has also held a merit review hearing in order to give the plaintiff a chance
to personally explain his claims to the Court.
The plaintiff, proceeding pro se, a pretrial detainee at the McLean County
Detention Facility, was granted leave to proceed in forma pauperis. The plaintiff filed
this lawsuit pursuant to 42 U.S.C. §1983 alleging that Defendant Martin, a correctional
officer at McLean County Jail, opened a letter addressed to the plaintiff on one occasion.
The letter was marked as legal mail. The plaintiff alleges that jail officials responded to
his grievances stating that the letter was opened inadvertently and was not read or
otherwise examined.
“An inmate’s legal mail . . . is entitled to greater protections [than non-legal mail]
because of the potential for interference with his right of access to the courts.” Rowe v.
Shake, 196 F.3d 778, 782 (7th Cir.1999). Plaintiff, however, does not argue that his right
of access to the courts was infringed in any way, and isolated incidents where jail
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officials open an inmate’s legal mail are unlikely to have a meaningful effect on such.
Guajardo-Palma v. Martinson, 622 F.3d 801, 805 (7th Cir. 2010). Nonetheless, the Court
will grant the plaintiff an opportunity to provide more information regarding how the
opening of his legal mail infringed upon his ability to litigate an otherwise meritorious
claim. Marshall v. Knight, 445 F.3d 965, 968 (7th Cir. 2006)(“[O]nly if the defendants’
conduct prejudices a potentially meritorious challenge to the prisoner’s conviction,
sentence or conditions of confinement has the [right of access to the courts] been
infringed.”)
IT IS THEREFORE ORDERED that:
1.
The plaintiff’s complaint is hereby dismissed with leave to plead over.
The plaintiff may file an amended complaint, within thirty (30) days of this
order, that states, with specificity, how the opening of his legal mail
infringed upon his ability to litigate an otherwise meritorious claim. If the
plaintiff fails to file an amended complaint or follow the court’s specific
instructions, as outlined in this order, his case may be dismissed. Any
amended complaint should include all claims against all defendants.
Piecemeal complaints are not permitted.
2.
The clerk is directed to provide the plaintiff with a blank complaint form to
assist him.
Entered this 29th day of September, 2016.
/s/ Harold A. Baker
_________________________________________
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE
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