Barlow v. McDonough (Director/Warden)
Filing
4
MEMORANDUM OPINION. Signed by Judge Paul W. Grimm on 12/2/2016. (c/m 12/2/2016 aos, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
JOSHUA BARLOW, #260-721,
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Plaintiff,
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v.
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MARY LOU McDONOUGH,
Director/Warden,
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Civil Action No. PWG-16-3830
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Defendant.
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MEMORANDUM OPINION
Detainee Joshua Barlow seeks money damages from Mary Lou McDonough, Director of
the Prince George's County Detention Center ("PGCDC,,).I In addition to his Complaint, Barlow
has submitted a Motion for Leave to Proceed in Forma Pauperis, ECF No.2,
conform with the requirements of28 U.S.C.
S
that fails to
1915(a)(2), the relevant portion of which provides
that "[a] prisoner seeking to bring a civil action ...
without prepayment of fees or security
therefore, in addition to filing the [requisite] affidavit ... shall submit a certified copy of the trust
fund account statement (or institutional equivalent) for the prisoner for the 6-month period
immediately preceding the filing of the complaint
...
obtained from the appropriate official of
each prison at which the prisoner is or was confined."
For that reason, the Motion shall be
denied without prejudice.
1 This is the fourth lawsuit filed by Barlow against McDonough in the span of two months. See
Barlow v. McDonough, No. PWG-16-3372 (D. Md.) (dismissed November 28, 2016, for failure
to amend Complaint); Barlow v. McDonough, No. PWG-16-3470 (D. Md.) (allegations of
personal deprivation of food proceeding); Barlow v. McDonough, No. PWG-16-3531 (D. Md.)
(conditions claim concerning temperature and access to commissary on inactive/unassigned
status).
Barlow's Complaint sets forth a litany of allegations regarding irregular practices and
procedures occurring at PGCDC.
CompI., ECF NO.1.
While those irregularities primarily
involve privacy concerns with detainee mail and cell searches, the Complaint also alleges poor
conditions of confinement, including problems with temperature, mold, hot water, and water
leakage. CompI. 3-7.2
Barlow does not indicate that he personally has been subjected to injury as a result of the
problems alleged in his Complaint.
Thus, he has no standing to assert his generalized
grievances. "(A]t an irreducible minimum, Article III requires the party who invokes the court's
authority to show that he personally has suffered some actual or threatened injury as a result of
the putatively illegal conduct of the defendant and that the injury fairly can be traced to the
challenged action and is likely to be redressed by a favorable decision."
Valley Forge Christian
Call. v. Americans Unitedfor Separation of Church & State, 454 U.S. 464, 472 (1982) (citations
and internal quotation marks omitted); see also Lujan v. Defenders of Wildlife, 504 U.S. 555,
559-60 (1992).
BecauseBarlowfailsto demonstrateany injury,his coAu
he dismissedwithont
prejudice and the case closed. A separate order follows.
lrOkl(P
Paul
. Grimm
United States District Judge
Date
2
Page numbers for citations to the Complaint refer to CM/ECF page numbers.
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