PAYNE v. CORRECTIONS CORPORATION OF AMERICA et al
Order - Granting Leave to Proceed In Forma Pauperis, Screening and Dismissing Complaint, and Allowing Opportunity to File Amended Complaint. Mr. Payne's motion for leave to proceed in forma pauperis, dkt. 2 , is granted. The clerk is directed t o seal this motion, as it includes the names of minor children.Mr. Payne shall have through March 30, 2021, to (1) pay an initial partial filing fee of $35.76 to the clerk of the district court and (2) file an amended complaint. (See Order.) Copy to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 2/17/2021. (NAD)
Case 1:21-cv-00341-TWP-MPB Document 5 Filed 02/17/21 Page 1 of 4 PageID #: 26
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
CARLO X. PAYNE,
CORRECTIONS CORPORATION OF
AMERICA, et al.
Order Granting Leave to Proceed In Forma Pauperis,
Screening and Dismissing Complaint, and
Allowing Opportunity to File Amended Complaint
Plaintiff Carlo X. Payne filed this civil rights complaint alleging that the defendants were
deliberately indifferent to his medical needs.
Leave to Proceed In Forma Pauperis
Mr. Payne's motion for leave to proceed in forma pauperis, dkt. , is granted to the extent
that Mr. Payne is an assessed an initial partial filing fee of thirty-five dollars and seventy-six
cents ($35.76). See 28 U.S.C. § 1915(b)(1). Mr. Payne shall have through March 30, 2021, to
pay this sum to the clerk of the district court.
Mr. Payne is informed that after the initial partial filing fee is paid, he will be obligated to
make monthly payments of 20 percent of the preceding month's income each month that the
amount in his account exceeds $10.00, until the full filing fee of $350.00 is paid. 28 U.S.C.
§1915(b)(2). After the initial partial filing fee is received, a collection order will be issued to
Mr. Payne and his custodian to ensure collection of the full filing fee.
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Screening the Complaint
Because Mr. Payne is a prisoner, the Court must screen his complaint, dismissing any and
all claims that are frivolous or malicious, fail to state a claim for relief, or seek monetary relief
against a defendant who is immune from such relief. 28 U.S.C. § 1915A(a)−(c). In determining
whether a complaint states a claim, the court applies the same standard as when addressing a
motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). See Cesal v. Moats, 851 F.3d
714, 720 (7th Cir. 2017). To survive dismissal, the complaint "must contain sufficient factual
matter, accepted as true, to state a claim for relief that is plausible on its face. A claim has facial
plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S.
662, 678 (2009).
The complaint names two defendants: Corrections Corporation of America and the Marion
In the complaint, Mr. Payne alleges that he has suffered from diabetes for years but was
able to manage his insulin through diet alone. From October 2018 through August 2019, Mr. Payne
was in custody at the Marion County Jail and a facility run by the Corrections Corporation of
America. During this time, staff at these two facilities failed to accommodate Mr. Payne's dietary
needs and erroneously tested his blood sugar levels after he had eaten instead of before. As a result,
Mr. Payne's diabetic symptoms worsened, and he now requires insulin injections.
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Mr. Payne's claims against the Marion County Jail are dismissed because the Marion
County Jail is not subject to suit. Smith v. Knox County Jail, 666 F.3d 1037, 1040 (7th Cir. 2012)
("[T]he district court was correct that, in listing the Knox County Jail as the sole defendant, Smith
named a non-suable entity. ").
Mr. Payne's claims against Corrections Corporation of America are dismissed for failure
to state a claim upon which relief may be granted. Because Corrections Corporation of America
acts under color of state law by contracting to perform a government function, it is treated as a
government entity for purposes of 42 U.S.C. § 1983 claims. See Jackson v. Ill. Medi-Car, Inc.,
300 F.3d 760, 766 n.6 (7th Cir. 2002). To state a cognizable deliberate indifference claim against
Corrections Corporation of America, Mr. Payne must allege that he suffered a constitutional
deprivation as the result of a Corrections Corporation of America policy, practice, or custom.
Mr. Payne has alleged no such policy, practice or custom. He has therefore failed to state a viable
claim against Corrections Corporation of America.
Opportunity to File Amended Complaint
Although Mr. Payne's complaint is dismissed, the Court will not dismiss the case and enter
final judgment at this time. Instead, Mr. Payne shall have through March 30, 2021, to file a viable
The amended complaint will stand on its own. It therefore must (a) contain a short and
plain statement of the claim showing that the plaintiff is entitled to relief, which is sufficient to
provide the defendant with fair notice of the claim and its basis; (b) include a demand for the relief
sought; and (c) identify what injury he claims to have suffered and what persons are responsible
for each such injury.
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The first page of the amended complaint should include the words "Amended Complaint"
and the correct case number, 1:21-cv-00341-TWP-MPB. If Mr. Payne files an amended complaint
by the above deadline, the Court will screen it pursuant to 28 U.S.C. § 1915A. If not, this case will
be subject to dismissal without further notice.
Mr. Payne's motion for leave to proceed in forma pauperis, dkt. , is granted. The
clerk is directed to seal this motion, as it includes the names of minor children.
Mr. Payne shall have through March 30, 2021, to (1) pay an initial partial filing fee of
$35.76 to the clerk of the district court and (2) file an amended complaint.
IT IS SO ORDERED.
CARLO X. PAYNE
18102 Cumberland Road
Noblesville, IN 46060
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