NIXON v. MOORE et al
MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 2/25/13. 2/26/13 ENTERED AND COPIES MAILED TO PRO SE.(lvj, )
IN THE UNITED STATES DISTRICT !COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JEFFREY ATOM NIXON
TERRANCE P. MOORE, WARDEN, et al.:
Plaintiff has filed a pro.§.§ 42 U.S.C.
rights lawsuit against the Warden, the
of the Medical
Department and the Maintenance Department atl the Bucks County
He alleges that he b~oke his jaw when he
fell from the top of a bunk bed, which did nbt have a ladder to
allow him to get in and out of the bed.
With this action, plaintiff
a motion to
proceed in forma pauperis.
As it appears
is unable to pay the
cost of commencing this action, leave to prolceed in forma
pauperis is granted.
However, for the reasdns which follow, this
action will be dismissed for failure to stade a claim on which
relief may be granted pursuant to 28 U.S. C.
1915 (e) ( 2} (B) ( ii),
and plaintiff will be given the opportunity to file an amended
In order to bring suit under
allege that a person acting under color of
tate law deprived him
of Gis constitutional rights.
487 U.S. 42
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
a ladder, negligent conduct which causes unihtended injury to an
inmate does not amount to a constitutional vliolation.
Davidson v. Cannon, 474 U.S. 344, 347 (1986)1; Daniels v.
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thereafter he was transferred to a hospital where he received
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.
even if the
Tate v. MorJis Cnty. Prosecutors
Office, 284 F. App'x 877, 879 (3d Cir. 2008)1.
plaintiff shall have 30 days to file an ameJded complaint which
cures the defects in his initial complaint.
Because plaintiff has failed to st ate a claim on which
relief can be granted, his complaint is disclissed without
prejudice pursuant to 28 U.S.C. § 1915(e) (2)1(B) (ii).
may file an amended complaint within 30 dayJ.
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