NIXON v. MOORE et al

Filing 4


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IN THE UNITED STATES DISTRICT !COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ! i JEFFREY ATOM NIXON ACTION CIVI~ v. TERRANCE P. MOORE, WARDEN, et al.: NO. 113-0644 MEMORANDUM d5 ' SANCHEZ, J. FEBRt_)ARY I Plaintiff has filed a pro.§.§ 42 U.S.C. Direc~or rights lawsuit against the Warden, the § , 2 013 1983 civil of the Medical Department and the Maintenance Department atl the Bucks County i He alleges that he b~oke his jaw when he Correctional Facility. I fell from the top of a bunk bed, which did nbt have a ladder to I I allow him to get in and out of the bed. With this action, plaintiff 1 submit~ed a motion to i proceed in forma pauperis. h~ As it appears is unable to pay the i i cost of commencing this action, leave to prolceed in forma i pauperis is granted. However, for the reasdns which follow, this I action will be dismissed for failure to stade a claim on which I relief may be granted pursuant to 28 U.S. C. I§ 1915 (e) ( 2} (B) ( ii), and plaintiff will be given the opportunity to file an amended complaint. I. DISCUSSION In order to bring suit under § 19~3, allege that a person acting under color of plaintiff must tate law deprived him 1 of Gis constitutional rights. West v. Atki~s, 487 U.S. 42 I (1988}. There are no allegations in the co~plaint that would allow this Court to find that the defendant1 have violated plaintiff's constitutional rights. Even asJuming arguendo that ! prison officials were negligent because the ~unk bed did not have I a ladder, negligent conduct which causes unihtended injury to an I i i inmate does not amount to a constitutional vliolation. Davidson v. Cannon, 474 U.S. 344, 347 (1986)1; Daniels v. I ::::i:s~ :::s:·:~:::~t::: ~~:::l~e ::::~e:~:r:~e:l::::::: was thereafter he was transferred to a hospital where he received 1 surgery for the injury to his jaw. When dismissing a pro se civil district court should grant leave to amend plaintiff does not request it. I rig~ts complaint, a ~iberally, even if the Tate v. MorJis Cnty. Prosecutors Office, 284 F. App'x 877, 879 (3d Cir. 2008)1. Accordingly, I plaintiff shall have 30 days to file an ameJded complaint which cures the defects in his initial complaint. II. CONCLUSION Because plaintiff has failed to st ate a claim on which 1 relief can be granted, his complaint is disclissed without I prejudice pursuant to 28 U.S.C. § 1915(e) (2)1(B) (ii). may file an amended complaint within 30 dayJ. Order follows. 2 Plaintiff An appropriate

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