Jackson v. Young et al
Filing
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MERIT REVIEW OPINION entered by Judge Colin Stirling Bruce on 12/20/2013. This case is closed for failure to state a claim. See written order. Copy to Plaintiff by way of e-filing project. (JMW, ilcd)
E-FILED
Friday, 20 December, 2013 11:11:11 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
MARTEL E. JACKSON,
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) No.: 13-3367-CSB-BGC
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Plaintiff,
v.
RICHARD YOUNG and
ASSISTANT WARDEN BROWN,
Defendants.
MERIT REVIEW OPINION
COLIN S. BRUCE, U.S. District Judge:
This cause is before the Court for a merit review, pursuant to 28 U.S.C. § 1915A, of
Plaintiff Martel E. Jackson’s Amended Complaint.
The Court previously conducted a merit review of Jackson’s Complaint and determined
that his Complaint failed to state a cause of action upon which relief could be granted. The
Court could not, however, say that any amendment to Jackson’s Complaint would be futile.
Accordingly, the Court gave Jackson 21 days to file an Amended Complaint. The Court
indicated that Jackson should explain in his Amended Complaint what harm he suffered from the
heat because uncomfortable conditions in a prison do not rise to the level of an Eighth
Amendment violation. The Court explained that prison officials violate the Eighth Amendment
only if they have deprived an inmate of the minimally civilized measures of life’s necessities,
and the Court gave Jackson an opportunity to include additional facts with which to state a claim
that Defendants violated his Eighth Amendment rights.
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Like his Original Complaint, Jackson’s Amended Complaint fails to state a claim upon
which relief can be granted. Jackson repeats his allegations that he felt “woozy” and “lightheaded” and that he was forced to lie down as a result of the heat in his cell. The Court
previously explained to Jackson that those allegations alone are insufficient to demonstrate an
Eighth Amendment violation. Vasquez v. Frank, 2008 WL 3820466, * 2-3 (7th Cir. Aug. 15,
2008)(holding that ventilation that allegedly caused dizziness, migraines, nasal congestion, nose
bleeds and difficulty breathing did not rise to the level of an Eighth Amendment violation);
Jasman v. Schmidt, 2001 WL 128430, * 2 (6th Cir. Feb. 6, 2001)(rejecting a prisoner’s complaint
about poor ventilation where plaintiff failed to allege harm caused by the ventilation).
Jackson’s only new allegation of harm is his claim that an inmate in the cell next to his
cell fainted from the heat. Jackson claims that he was concerned that he too may expire from the
heat.
However, the harm must be personal in order to state a claim for a constitutional
violation. Collins v. City of Harker Heights, 503 U.S. 115, 120 (1992); Gilland v. Owens, 718 F.
Supp. 665, 686 (W.D. Tenn. 1989). Jackson has not alleged that he suffered any personal harm
sufficient to state a claim for violating his Eighth Amendment rights. Accordingly, the Court
finds that Jackson’s amendments are insufficient and that this case should be dismissed.
IT IS, THEREFORE, ORDERED that:
1)
Plaintiff Martel E. Jackson’s Amended Complaint is dismissed for failure to state
a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and 28 U.S.C. § 1915A. Any
further amendment to the Complaint would be futile because Plaintiff’s claim is not cognizable.
2)
This dismissal shall count as one of Plaintiff’s three allotted “strikes” pursuant to
28 U.S.C. § 1915(g).
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3)
Plaintiff must still pay the full docketing fee even though his case has been
dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to
the Clerk of the 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. 4(a). A motion for leave to appeal
in forma pauperis should set forth the issues Plaintiff plans to present on appeal. Fed. R. App.
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.
5)
This case is, therefore, closed, and the clerk is directed to enter a judgment
pursuant to Federal Rule of Civil Procedure 58. All pending motions are DENIED as
moot. The Clerk of the Court is directed to record Plaintiff’s strike in the three-strike log.
Entered this 20th day of December, 2013
s/ Colin S. Bruce
COLIN S. BRUCE
UNITED STATES DISTRICT JUDGE
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