HYMAN v. FEDERAL BUREAU OF PRISONS et al

Filing 2

MEMORANDUM AND ORDER that the Clerk shall administratively terminate this matter, without filing the complaint. ORDERED that if within 30 days of the date of this Order, Plaintiff pays the $400.00 filing fee or submits a completed IFP application together with an Amended Complaint, the Court will direct the Clerk to reopen this matter. (IFP, 42:1983 forms and Memo Order mailed on 11/30/2015). Signed by Judge Renee Marie Bumb on 11/30/2015. (TH, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

Randolph Levy Hyman, Jr.,

:
:
Plaintiff,
:
:
v.
:
:
Federal Bureau of Prisons,
:
and
:
Jordan Hollingsworth, Warden, :
:
Defendants.
:

CIV. ACTION NO. 15-8149(RMB)

MEMORANDUM AND ORDER

_______________________________
RENÉE MARIE BUMB, U.S. District Judge
I.

BACKGROUND
Plaintiff, a prisoner in FCI-Fort Dix, in Fort Dix, New Jersey,

filed a civil action under Bivens v. Six Unknown Named Agents of
Federal Bureau of Narcotics, 403 U.S. 388 (1971) seeking a “temporary
emergency medical injunction” preventing him from being moved from
Room 107, first floor, Unit 5751 to another room at FCI-Fort Dix.
(ECF No. 1.) Plaintiff’s complaint was unaccompanied by a filing fee
or alternatively, an application to proceed without prepaying the
filing fee. (in forma pauperis “IFP” application).
The Clerk of Court will not file a civil complaint unless the
person seeking relief pays the entire applicable filing fee in
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advance or the person applies for and is granted IFP status pursuant
to 28 U.S.C. § 1915. See Local Civil R. 5.1(f).
Prisoners who file civil cases without prepayment of the filing
fee are required to submit an IFP application with a certified copy
of their prison trust fund account statement for the six-month period
immediately preceding the filing of the complaint. 28 U.S.C. §
1915(a)(2). If IFP is granted, the prisoner must pay the entire filing
fee in installments, as provided in 28 U.S.C. § 1915(b)(1), (2).
Furthermore, if Plaintiff seeks to proceed without prepayment
of filing fees, the court is required to review the complaint and
dismiss it if it is (1) frivolous or malicious; (2) fails to state
a claim on which relief may be granted; or (3) seeks monetary relief
against a defendant who is immune from such relief. 28 U.S.C. §
1915(e)(2)(B); 28 U.S.C. §1915A. A prisoner must pay the entire
filing fee, even if the case is dismissed upon screening. 28 U.S.C.
§ 1915(b)(2).
Therefore, the Court will administratively terminate this
action, allowing Plaintiff to reopen this case by submitting an IFP
application or paying the filing fee. If Plaintiff reopens the case,
the complaint will be subject to screening pursuant to 28 U.S.C. §
1915(e)(2)(B) or 28 U.S.C. § 1915A. There are deficiencies in the
present complaint, discussed below, which Plaintiff may wish to

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correct by filing an amended complaint if he seeks to reopen this
matter.
II.

DISCUSSION
Plaintiff brings his civil action against the Federal Bureau

of Prisons and Warden, Jordan Hollingsworth. (ECF No. 1.) A plaintiff
may not bring a Bivens claim against the Bureau of Prisons. Ruiz v.
Federal Bureau of Prisons,

481 F. App’x 738, 740 (3d Cir. 2012)

(citing Corr. Servs. Corp. v. Malesko, 534 U.S. 61, 71 (2001)
(explaining that Bivens claims may be brought only against individual
federal officers, not the United States or the BOP)). Absent any
allegations of personal involvement in the denial of adequate medical
care, a prison administrator is not liable under Bivens. Id. at 741
(citing Ashcroft v. Iqbal, 556 U.S. 662 (2009); Argueta v. U.S.
Immigration & Customs Enforcement, 643 F.3d 60, 71–72 (3d Cir. 2011).
Plaintiff has not alleged personal involvement by the Warden.
To state a claim of inadequate medical care in violation of the
Eighth Amendment, an inmate must set forth: (1) a serious medical
need; and (2) a prison official's deliberate indifference to that
serious medical need. Estelle v. Gamble, 429 U.S. 97, 106 (1976).
A serious medical need can be met upon showing a condition

diagnosed

by a physician that requires treatment or conditions that are so
obvious that a lay person would recognize the necessity for a doctor's

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attention; and conditions which, if untreated, would result in
lifelong handicap or permanent loss. Monmouth County Correctional
Institutional Inmates v. Lanzaro, 834 F.2d 326, 347 (3d Cir. 1987).
Plaintiff does not allege that he was medically prescribed the
particular room where he resides and seeks to remain in FCI Fort Dix.
The second element of the Estelle test requires an inmate to
show that a prison official acted with deliberate indifference to
a serious medical need. Natale v. Camden County Correctional
Facility, 318 F.3d 575, 582 (3d Cir. 2003). Deliberate indifference
is a reckless disregard of a known risk of harm, negligent conduct
is insufficient to meet the standard. Farmer v. Brennan, 511 U.S.
825, 836 (1994). Plaintiff’s present complaint does not meet the
pleading standard.
IT IS, therefore, on this 30th day of November 2015,
ORDERED that the Clerk shall administratively terminate this
matter, without filing the complaint, by making a new and separate
entry reading, “CIVIL CASE TERMINATED.” Plaintiff is informed that
administrative termination is not a “dismissal”; and no statement
in this Memorandum and Order shall be construed as withdrawal of this
Court’s jurisdiction over this matter; and it is further
ORDERED that, if within thirty days of the date of this Order,
Plaintiff pays the $400.00 filing fee or submits a properly executed

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IFP application pursuant to 28 U.S.C. § 1915(a), together with an
amended complaint, mailed to the Clerk of the Court, Mitchell H. Cohen
Building & U.S. Courthouse, 4th & Cooper Streets, Camden, NJ 08101,
the Court will direct the Clerk of Court to reopen this matter; and
it is further
ORDERED that the Clerk of Court shall serve this Memorandum and
Order upon Plaintiff, together with a blank form “PRISONER APPLYING
TO PROCEED IN FORMA PAUPERIS IN A CIVIL RIGHTS CASE” and a blank form
“Prisoner Civil Rights Complaint.”

s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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