DOUGLAS v. FOSTER et al
Filing
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ORDER SCREENING COMPLAINT AND DIRECTING FURTHER PROCEEDINGS - Lance Douglas alleges violations of his civil rights while incarcerated at Pendleton Correctional Facility. Because Mr. Douglas is a prisoner, the Court must screen his complaint pursua nt to 28 U.S.C. § 1915A. The claims discussed in Part III are the only claims the Court identified in the complaint. If Mr. Douglas believes he asserted additional claims that the Court did not address, he must file a motion to reconsider th e screening order no later than November 15, 2024. The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants electronically in the manner specified by Rule 4(d). Process will consist of the complaint (dkt. 1 ), a pplicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this order. (See Order.) Signed by Judge James Patrick Hanlon on 10/24/2024. Copies distributed pursuant to distribution list. (JSR)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LANCE A. DOUGLAS,
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Plaintiff,
v.
FOSTER,
BISHOP Property Officer,
Defendants.
No. 1:24-cv-00932-JPH-MJD
ORDER SCREENING COMPLAINT AND DIRECTING FURTHER
PROCEEDINGS
Lance Douglas alleges violations of his civil rights while incarcerated at
Pendleton Correctional Facility. Because Mr. Douglas is a prisoner, the Court
must screen his complaint pursuant to 28 U.S.C. § 1915A.
I. Screening Standard
When screening a complaint, the Court must dismiss any portion that is
frivolous or malicious, fails to state a claim for relief, or seeks monetary relief
against a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). To
determine whether the 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 Schillinger v. Kiley, 954 F.3d 990, 993 (7th Cir. 2020).
Under that standard, a complaint must include "enough facts to state a claim
to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544,
570 (2007). "A claim has facial plausibility when the plaintiff pleads factual
content that allows the court to draw the reasonable inference that the
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defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009). The Court construes pro se complaints liberally and holds them to
a "less stringent standard than formal pleadings drafted by lawyers." Cesal v.
Moats, 851 F.3d 714, 720 (7th Cir. 2017).
II. The Complaint
Mr. Douglas asserts claims for damages against Lieutenant Foster and
Property Officer Bishop based on the following allegations, which the Court
accepts as true at the pleading stage. See Lisby v. Henderson, 74 F.4th 470,
472 (7th Cir. 2023).
In April 2024, Mr. Douglas was moved into a new cell without certain
property, including soap, a toothbrush, and toothpaste. Dkt. 1. He went
without these items for 20 days despite repeatedly requesting them, and
became ill. Id. Property Officer Bishop and Lieutenant Foster were responsible
for making sure Mr. Douglas received his property and had basic hygiene
products. Id.
III. Discussion of Claims
The action will proceed with Eighth Amendment claims against
Lieutenant Foster and Property Officer Bishop pursuant to 42 U.S.C. § 1983.
IV. Conclusion and Issuance of Process
The claims discussed in Part III are the only claims the Court identified
in the complaint. If Mr. Douglas believes he asserted additional claims that the
Court did not address, he must file a motion to reconsider the screening order
no later than November 15, 2024.
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The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process
to the defendants electronically in the manner specified by Rule 4(d). Process
will consist of the complaint (dkt. [1]), applicable forms (Notice of Lawsuit and
Request for Waiver of Service of Summons and Waiver of Service of Summons),
and this order.
SO ORDERED.
Date: 10/24/2024
Distribution:
LANCE A. DOUGLAS
202593
PENDLETON - CF
PENDLETON CORRECTIONAL FACILITY
Inmate Mail/Parcels
4490 West Reformatory Road
PENDLETON, IN 46064
Electronic service to IDOC employees at Pendleton Correctional Facility:
Lieutenant Foster
Property Officer Bishop
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