Reyes v. Corn et al

Filing 11

MEMORANDUM OPINION AND ORDER OF DISMISSAL by District Judge Martha Vazquez DISMISSING 1 Complaint. IT IS ORDERED that the Complaint for Violation of Civil Rights filed by Plaintiff Roman Reyes (Doc. 1 ) is DISMISSED pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and 28 U.S.C. § 1915(e)(2)(B) and the Court will enter a separate judgment closing this case. (gr)

Case 2:17-cv-00815-MV-KK Document 11 Filed 08/18/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

ROMAN REYES,
Plaintiff
vs.

No. CV 17-00815 MV/KK

CLAY CORN, DAVID GARCIA,
JESUS ESCOBEDO, CLINT MCCLAIN,
CHAVEZ COUNTY DETENTION CENTER,
Defendants.

MEMORANDUM OPINION AND ORDER OF DISMISSAL
THIS MATTER is before the Court following Plaintiff Roman Reyes’s failure to file an
amended civil rights complaint. Plaintiff is incarcerated and proceeding pro se. His original
complaint alleged that he was sexually harassed by Defendant Jesus Escobedo in violation of the
Eighth Amendment. Doc. 1.
By a ruling entered January 30, 2020, the Court screened the original complaint and
determined that it lacked sufficient information to survive initial review. Doc. 10. Specifically,
the Court found that, under controlling Tenth Circuit precedent, it was constrained to hold that
Defendant Escobedo’s alleged conduct, which did not involve any physical contact, violence, or
the threat of violence, was undoubtedly reprehensible but did not rise to the level of an Eighth
Amendment violation. Id. at 6. Further, the Court found that because Defendant Escobedo’s
alleged conduct did not rise to the level of an Eighth Amendment violation, it followed that the
conduct of the additional individual Defendants (Clint McClain, Clay Corn, and David Garcia),
who allegedly knew about but did nothing about Escobedo’s alleged harassment, did not rise to
the level of an Eighth Amendment violation. Id. at 7. Finally, the Court held that Plaintiff could
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Case 2:17-cv-00815-MV-KK Document 11 Filed 08/18/20 Page 2 of 2

not proceed against the Chaves County Detention Center as a matter of law, as a detention center
is not a person or legally created entity capable of being sued under § 1983. Id. at 8. The Court
therefore dismissed the original complaint without prejudice pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure and 28 U.S.C. § 1915.
Consistent with Hall v. Bellmon, 935 F.2d 1106, 1109 (10th Cir. 1991), Plaintiff was given
ninety days (i.e., until April 29, 2020) to file an amended complaint as to the individual
Defendants. The ruling provided instructions on the pleading standard under 42 U.S.C. § 1983
and how to identify Defendants. Doc. 10 at 8-9. Plaintiff was warned that the failure to timely
file an amended complaint might result in dismissal of this action without further notice. Id. at 9.
Plaintiff did not amend his complaint or otherwise respond to the screening ruling. This
action will therefore be dismissed for failure to state a claim upon which relief may be granted.
See 28 U.S.C. § 1915(e)(2)(B) (requiring courts to dismiss any prisoner actions that “fail to state
a claim upon which relief may be granted” or “seek[] monetary relief from a defendant who is
immune”).
IT IS ORDERED that the Complaint for Violation of Civil Rights filed by Plaintiff Roman
Reyes (Doc. 1) is DISMISSED pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure
and 28 U.S.C. § 1915(e)(2)(B) and the Court will enter a separate judgment closing this case.

_________________________________
UNITED STATES DISTRICT JUDGE

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