Price v. Pinckneyville RN Medical Staff et al
Filing
3
MERIT REVIEW OPINION - Entered by Judge Harold A. Baker on 5/2/2018. Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the court finds that the plaintiff fails to state a claim against officials at Pontiac Correctional Cente r. Clerk is directed to terminate Pontiac Correctional Center as a defendant. This case is hereby transferred to the Southern District of Illinois pursuant to 28 U.S.C. § 1391(b) and 28 U.S.C. § 1404(a) to address Plaintiff's remaining claims and for assessment of the filing fees. (LN, ilcd) [Transferred from Illinois Central on 5/2/2018.]
E-FILED
Wednesday, 02 May, 2018 10:03:52 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
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Plaintiff,
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v.
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PICKNEYVILLE RN MEDICAL
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STAFF, ET AL.
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Defendants. )
JOE PRICE,
18-1152
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).
Plaintiff sent a letter to the Court stating, among other things,
that he has been denied medical treatment at his current place of
incarceration (Pickneyville Correctional Center), and that prison
officials have obstructed his ability to file a lawsuit. (Doc. 1). Out
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of an abundance of caution, the Court construed this letter as a
complaint under 42 U.S.C. § 1983.
The denial of medical care and hindrance in filing a lawsuit
Plaintiff alleges in his letter appear to have occurred at Pickneyville.
The only statements in Plaintiff’s complaint related to individuals or
prisons in this district are Plaintiff’s statement that he saved a
prison official’s life at Pontiac Correctional Center in 1984, and his
request to ask another district judge in this district for help finding
a lawyer.
Any claims Plaintiff would have against officials at Pontiac
Correctional Center would be, based on Plaintiff’s statement that
they occurred in 1984, barred by the statute of limitations. Turley
v. Rednour, 729 F.3d 645, 651 (7th Cir. 2014) (“Section 1983 suits
in Illinois have a two-year statute of limitations….”) (citation
omitted). There are no remaining claims against defendants that
reside in this district.
Venue for federal civil rights actions brought under 42 U.S.C.
§ 1983 is governed by 28 U.S.C. § 1391(b). According to that
statute, such actions may be brought only in (1) the judicial district
where any defendant resides, if all defendants reside in the same
State, (2) a judicial district in which a substantial part of the events
or omissions giving rise to the claim occurred, or (3) a judicial
district in which any defendant may be found, if there is no district
in which the action may otherwise be brought. Id.
The only potential claims remaining appear to have occurred
at Pickneyville in Perry County, Illinois and involve officials that
presumably work at and reside near the prison. Perry County is
located in the Southern District of Illinois. 28 U.S.C. § 93(c).
Therefore, the Court finds that venue is proper in the Southern
District of Illinois. In the interests of justice, this case shall be
transferred there to resolve the remaining claims. See 28 U.S.C. §
1404(a).
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IT IS THEREFORE ORDERED:
1.
Pursuant to its merit review of the Complaint under 28
U.S.C. § 1915A, the court finds that the plaintiff fails to state a
claim against officials at Pontiac Correctional Center. Clerk is
directed to terminate Pontiac Correctional Center as a defendant.
2.
This case is hereby transferred to the Southern District of
Illinois pursuant to 28 U.S.C. § 1391(b) and 28 U.S.C. § 1404(a) to
address Plaintiff’s remaining claims and for assessment of the filing
fees.
ENTERED this 2nd day of May, 2018
/s/ Harold A. Baker
_____________________________________
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE
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