NIXON v. MOORE et al
Filing
4
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
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JEFFREY ATOM NIXON
ACTION
CIVI~
v.
TERRANCE P. MOORE, WARDEN, et al.:
NO. 113-0644
MEMORANDUM
d5
'
SANCHEZ, J.
FEBRt_)ARY
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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
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He alleges that he b~oke his jaw when he
Correctional Facility.
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fell from the top of a bunk bed, which did nbt have a ladder to
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allow him to get in and out of the bed.
With this action, plaintiff
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submit~ed
a motion to
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proceed in forma pauperis.
h~
As it appears
is unable to pay the
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cost of commencing this action, leave to prolceed in forma
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pauperis is granted.
However, for the reasdns which follow, this
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action will be dismissed for failure to stade a claim on which
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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
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of Gis constitutional rights.
West v.
Atki~s,
487 U.S. 42
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(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
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prison officials were negligent because the ~unk bed did not have
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a ladder, negligent conduct which causes unihtended injury to an
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inmate does not amount to a constitutional vliolation.
Davidson v. Cannon, 474 U.S. 344, 347 (1986)1; Daniels v.
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::::i:s~ :::s:·:~:::~t::: ~~:::l~e ::::~e:~:r:~e:l::::::: was
thereafter he was transferred to a hospital where he received
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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.
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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,
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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
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relief can be granted, his complaint is disclissed without
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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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