Hoskins v. Murrel et al

Filing 4

OPINION (See Written Opinion): IT IS THEREFORE ORDERED: 1)Plaintiff's complaint is dismissed for failure to state a federal claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. This case is closed. The merit review hearing scheduled for May 20, 2013, is cancelled as unnecessary. The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58.. Entered by Judge Sue E. Myerscough on 5/14/2013. 2)This dismissal shall count as one of the plaintiff's three allotted "strikes" pursuant to 28 U.S.C. Section 1915(g). The Clerk of the Court is directed to record Plaintiff's strike in the three-strike log. 3) Plaintiff must still pay the full docketing fee of $350 even though his case has been dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk of Court, as directed in the Court's prior order. 4) If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues Plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $455 appellate filing fee irrespective of the outcome of the appeal. (VM, ilcd)

E-FILED

Tuesday, 14 May, 2013 09:25:38 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION

ROBERT HOSKINS,
Plaintiff,
v.
OFFICER MURREL,
PAMELA SCHLUETER, and
SARAH JOHNSON,
Defendants,

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13-CV-3090

OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se and currently incarcerated in
Western Illinois Correctional Center, seeks leave to proceed in forma
pauperis. The case is before the Court for a merit review pursuant
to 28 U.S.C. § 1915A.
LEGAL STANDARD
The Court is required by § 1915A to review a Complaint filed
by a prisoner against a governmental entity or officer and, through
such process, to identify cognizable claims, dismissing any claim
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that is “frivolous, malicious, or fails to state a claim upon which
relief may be granted.” A hearing is held if necessary to assist the
Court in this review, but, in this case, the Court concludes that no
hearing is necessary. The Complaint and its attachments are clear
enough on their own for this Court to perform its merit review of
Plaintiff’s Complaint.
The review standard under § 1915A is the same as the notice
pleading standard under Federal Rule of Civil Procedure 12(b)(6).
Zimmerman v. Tribble, 226 F.3d 568, 571 (7th Cir. 2000). To state
a claim, the allegations must set forth a “short and plain statement
of the claim showing that the pleader is entitled to relief.” Fed. R.
Civ. P. 8(a)(2). Factual allegations must give enough detail to give
“‘fair notice of what the . . . claim is and the grounds upon which it
rests.’” EEOC v. Concentra Health Serv., Inc., 496 F.3d 773, 776
(7th Cir. 2007)(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544
(2007)(add’l citation omitted)). The factual “allegations must
plausibly suggest that the plaintiff has a right to relief, raising that
possibility above a ‘speculative level.’” Id. (quoting Bell Atlantic, 550
U.S. at 555). “A claim has facial plausibility when the plaintiff
pleads factual content that allows the court to draw the reasonable
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inference that the defendant is liable for the misconduct alleged . . .
. Threadbare 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, 550 U.S.
at 555-56). However, pro se pleadings are liberally construed when
applying this standard. Bridges v. Gilbert, 557 F.3d 541, 546 (7th
Cir. 2009).
ANALYSIS
Plaintiff alleges that, on September 8 and 9, 2013, he was
denied sanitary conditions and basic hygiene necessities. He was
incarcerated in Western Illinois Correctional Center at the time,
where he remains incarcerated.
Inhumane conditions of confinement violate a prisoner's
Eighth Amendment right to be free from cruel and unusual
punishment. To state an Eighth Amendment claim, the prisoner's
allegations must plausibly suggest that the prisoner was denied
"'the minimal civilized measure of life's necessities.'" Vinning-El v.
Long, 482 F.3d 923, 924 (7th Cir. 2007)(citing Rhodes v. Chapman,
452 U.S. 337, 347 (1981). Life's necessities include adequate
sanitation and the provision of basic hygiene items. For example,
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in Vinning the prisoner was kept for six days in a segregation cell
with no "mattress, sheets, toilet paper, towels, shoes, soap,
toothpaste;" the cell floor was covered with water; and, the walls
were "smeared with blood and feces." 482 F.3d at 924 (listing other
cases with similar allegations in support of concluding that the
conditions described by the prisoner were sufficiently serious).
Plaintiff alleges without elaboration that Officer Murrel denied
"Plaintiff's need for reasonably adequate sanitation" on September
8, 2012. Similarly, Plaintiff alleges in conclusory fashion that
Officer Schlueter was deliberately indifferent to Plaintiff's need for
basic hygiene items on September 9, 2012. These conclusions do
not allow a plausible inference that Plaintiff was actually denied
basic necessities or a sufficiently sanitary environment.
The grievances attached to the Complaint offer no more detail.
In one grievance, Plaintiff complains that he asked for and was
denied cleaning supplies for his regular cell on September 8, 2012.
The grievance officer responded that the cells are sanitized
according to prison policy. The denial of cleaning materials, by
itself, does not deprive Plaintiff of the "minimal civilized measure of
life's necessities." Neither the Complaint nor the grievance alleges
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any facts that might allow a plausible inference that the condition
of Plaintiff's cell was so unsanitary as to rise to an objectively
serious deprivation.
Two other grievances attached to the Complaint complain of
the denial of soap, toothpaste, and laundry detergent. Those
grievances were denied for the stated reason that Plaintiff had
enough money in his account to purchase these items himself.
Nothing in the Constitution requires the State to pay for hygiene
items which Plaintiff has enough money to buy himself. See Poole
v. Isaacs, 703 F.3d 1024, 2012 WL 6720508 (7th Cir. 2012)("[T]he
Eighth Amendment does not compel prison administrators to
provide cost-free medical services to inmates who are able to
contribute to the cost of their care."). Plaintiff does not allege that
he was unable to buy soap, toothpaste, or laundry detergent at any
time. Accordingly, no plausible inference arises that Plaintiff
actually suffered any objectively serious deprivation.
Plaintiff asserted in his grievances that the denial of his
requests violated internal rules. However, the violation of internal
rules, or even state law, does not by itself violate the U.S.

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Constitution. Guarjardo-Palma v. Martinson, 622 F.3d 801, 806
(7th Cir. 2010)(“[A] violation of state law is not a ground for a
federal civil rights suit.”).
In short, the Court cannot discern a plausible federal claim
from the Complaint and its attachments. This case will be
dismissed for failure to state a claim.
IT IS THEREFORE ORDERED:
1)

Plaintiff's complaint is dismissed for failure to state a

federal claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. §
1915A. This case is closed. The merit review hearing scheduled for
May 20, 2013, is cancelled as unnecessary. The clerk is directed to
enter a judgment pursuant to Fed. R. Civ. P. 58.
2)

This dismissal shall count as one of the plaintiff's three

allotted “strikes” pursuant to 28 U.S.C. Section 1915(g). The Clerk
of the Court is directed to record Plaintiff's strike in the three-strike
log.
3)

Plaintiff must still pay the full docketing fee of $350 even

though his case has been dismissed. The agency having custody of

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Plaintiff shall continue to make monthly payments to the Clerk of
Court, as directed in the Court's prior order.
4)

If Plaintiff wishes to appeal this dismissal, he must file a

notice of appeal with this Court within 30 days of the entry of
judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in
forma pauperis should set forth the issues Plaintiff plans to present
on appeal. See Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose
to appeal, he will be liable for the $455 appellate filing fee
irrespective of the outcome of the appeal.
ENTERED: May 14, 2013
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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