Moran v. Fenoglio et al

Filing 9

ORDER DISMISSING CASE without prejudice. The Clerk is DIRECTED to enter judgment against Plaintiff Moran and in favor of Defendant. Plaintiff is advised that the dismissal of this action will count as one of his three allotted strikes under the provisions of 28 U.S.C. § 1915(g). Signed by Judge J. Phil Gilbert on 8/13/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

RONALD L. MORAN,
Plaintiff,
vs.
DR. FENOGLIO, ILLINOIS
DEPARTMENT OF CORRECTIONS,

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Case No. 12−cv−221−JPG

Defendants.
MEMORANDUM AND ORDER
GILBERT, District Judge:
Plaintiff, currently incarcerated at Taylorville Correctional Center, has brought this
pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff presumably alleges that Dr. Fenoglio
and the Illinois Department of Corrections were deliberately indifferent to his serious medical needs,
but his Complaint fails to allege any allegations whatsoever against either party. Instead, Plaintiff
simply attaches two grievances, some medical records, as well as a letter requesting counsel.
Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold
review of the complaint. Accepting Plaintiff’s allegations as true, the Court finds that Plaintiff has
failed to articulate a colorable federal cause of action. The Supreme Court has recognized that
“deliberate indifference to a serious medical need” may constitute cruel and unusual punishment
under the Eighth Amendment. Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 50 L.Ed.2d 251
(1976). To state a claim for deliberate indifference under §1983, the plaintiff must demonstrate that
his medical condition was sufficiently serious and that prison officials acted with the culpable state
of mind, namely, deliberate indifference. Greeno v. Daley, 414 F.3d 645, 652-53 (7th Cir. 2005). Here,
Plaintiff has failed to demonstrate either component, he has failed to state what condition he suffers

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from or how Defendants were deliberately indifferent to that serious medical need. In fact, Plaintiff
has failed to allege any claims whatsoever; he has left his statement of claim blank and has attached
various exhibits including grievance forms and medical records. However, he has alleged no claim
in his complaint. Thus, Plaintiff has failed to state a claim for deliberate indifference and the Court
DISMISSES without prejudice his Complaint.
DISPOSITION
For the foregoing reasons, this case is DISMISSED without prejudice. The Clerk
is DIRECTED to enter judgment against Plaintiff Moran and in favor of Defendant. Plaintiff is
advised that the dismissal of this action will count as one of his three allotted “strikes” under the
provisions of 28 U.S.C. § 1915(g).

IT IS SO ORDERED.
DATED. August 13, 2012.
/s/ J. Phil Gilbert
J. PHIL GILBERT
United States District Judge

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