Rainey v. CoreCivic et al

Filing 3

MEMORANDUM OPINION OF THE COURT. Signed by District Judge Aleta A. Trauger on 6/1/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

TIMOTHY RAINEY
Plaintiff,

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v.
CORE CIVIC, et al.
Defendants.

No. 3:17-cv-0880
Judge Trauger

MEMORANDUM

The plaintiff, proceeding pro se, is an inmate at the South Central Correctional Center
(“SCCC”) in Clifton, Tennessee. He brings this action pursuant to 42 U.S.C. § 1983 against Core
Civic, the corporate entity that operates SCCC; Eric Bryant, the Warden at SCCC; and two members
of the SCCC staff; seeking injunctive and monetary relief.
The plaintiff was recommended for enrollment in an HVAC vocational program. That type
of program, however, is not available at plaintiff’s present place of confinement. The plaintiff has
made several requests for a transfer to a facility that offers the HVAC vocational program. To his
chagrin, the defendants have been either unwilling or unable to arrange such a transfer. The plaintiff
claims that the defendants have kept him “from receiving the education and programs he needs to
make parole.” Docket Entry No. 1 at pg. 3.
To establish a claim for § 1983 relief, the plaintiff must plead and prove that the defendants,
while acting under color of state law, deprived him of a right guaranteed by the Constitution or laws
of the United States. Parratt v. Taylor, 451 U.S. 527, 535 (1981).
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A prisoner has no federally protected right to participate in rehabilitative or educational
programs. Rizzo v. Dawson, 778 F.2d 527, 531 (9th Cir. 1985)(a prisoner has no right to
rehabilitation); see also Ladd v. Turney, 2011 WL 252953 at pg. 2 (M.D. Tenn.). Thus, in the
absence of a constitutional deprivation, the plaintiff is unable to prove every element of a § 1983
cause of action. The plaintiff, therefore, has failed to state a claim upon which relief can be granted.
When a prisoner proceeds as a pauper and fails to state a claim upon which relief can be
granted, the Court is obliged to dismiss the instant action sua sponte. 28 U.S.C. § 1915(e)(2).
An appropriate order will be entered.

____________________________
Aleta A. Trauger
United States District Judge

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