Jenkins v. Lindzy et al
Filing
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OPINION AND ORDER: This case is DISMISSED pursuant to 28 U.S.C. § 1915A because the complaint does not state a claim. ***Civil Case Terminated. Signed by Judge Jon E DeGuilio on 5/30/17. (Copy mailed to pro se party)(jld)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
SOUTH BEND DIVISION
JAMES O. JENKINS,
Plaintiff,
v.
DEPUTY LINDZY, et. al.,
Defendants.
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Case No. 3:17-CV-243 JD
OPINION AND ORDER
James O. Jenkins, a pro se prisoner, filed a complaint against Saint Joseph County Jail
officials, claiming he is being housed in inadequate conditions at the jail. Pursuant to 28 U.S.C. §
1915A, the Court must review the merits of a prisoner complaint and dismiss it if the action is
frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary
relief against a defendant who is immune from such relief. Courts apply the same standard under
§ 1915A as when addressing a motion under Rule 12(b)(6), which provides for the dismissal of a
complaint, or any portion of a complaint, for failure to state a claim upon which relief can be
granted. Lagerstrom v. Kingston, 463 F.3d 621, 624 (7th Cir. 2006). The Court must accept as
true all well-pleaded facts and draw all permissible inferences in the Plaintiff’s favor. Whirlpool
Fin. Corp. v. GN Holdings, Inc., 67 F.3d 605, 608 (7th Cir. 1995). However, a plaintiff can also
plead himself out of court if he pleads facts that preclude relief. See Edwards v. Snyder, 478 F.3d
827, 830 (7th Cir. 2007); McCready v. Ebay, Inc., 453 F.3d 882, 888 (7th Cir. 2006).
Jenkins is an inmate housed at the St. Joseph County Jail. He complains about three
conditions of confinement there. First, he is not allowed to select what books he receives from
the “book cart.” Instead, books are selected randomly and then given to inmates. Jenkins wants
to select what books he reads. Second, Jenkins takes issue with the television at the jail. He is not
able to change the channel or adjust the volume, and the televisions are not equipped with cable
access. Finally, Jenkins points out that he does not have access to a microwave or hot pot. As a
result, he is forced to cook noodles with lukewarm water.
The Eighth Amendment requires that prison officials ensure that inmates receive
adequate food, clothing, and shelter, Farmer v. Brennan, 511 U.S. 825, 832 (1994). The
Constitution does not mandate comfortable prisons. Rhodes v. Chapman, 452 U.S. 337, 349
(1981). “[P]rison conditions may be harsh and uncomfortable without violating the Eighth
Amendment’s prohibition against cruel and unusual punishment,“ Dixon v. Godinez, 114 F.3d
640, 642, (7th Cir. 1997), citing Farmer v. Brennan, 511 U.S. at 833-834, and conditions that
merely cause inconvenience and discomfort or make confinement unpleasant do not rise to the
level of constitutional violations. Adams v. Pate, 445 F.2d 105, 108-109 (7th Cir. 1971); Del
Raine v. Williford, 32 F.3d 1024, 1050 (7th Cir. 1994) (Manion, J. concurring). The conditions
alleged by Jenkins simply cause inconveniences and discomfort or make confinement
unpleasant, but they do not rise to the level of constitutional violations.
Though it is usually necessary to permit a plaintiff the opportunity to file an amended
complaint when a case is dismissed sua sponte, see Luevano v. Wal-Mart, 722 F.3d 1014 (7th
Cir. 2013), that is unnecessary where the amendment would be futile. Hukic v. Aurora Loan
Servs., 588 F.3d 420, 432 (7th Cir. 2009) (“[C]ourts have broad discretion to deny leave to
amend where . . . the amendment would be futile.”) Such is the case here.
For these reasons, this case is DISMISSED pursuant to 28 U.S.C. § 1915A because the
complaint does not state a claim.
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SO ORDERED.
ENTERED: May 30, 2017
/s/ JON E. DEGUILIO
Judge
United States District Court
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