Opinion
CASE NO. C02-1932R
January 13, 2003
REPORT AND RECOMMENDATION
INTRODUCTION AND SUMMARY CONCLUSION
This is a pro se civil rights complaint under 42 U.S.C. § 1983. Plaintiff has previously been granted leave to proceed In forma pauperis. Service has not been ordered. This Court concludes that plaintiff has failed to state a claim upon which relief can be granted and recommends that this action be dismissed, without prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(n)
DISSUSSION
In September 2002, plaintiff submitted to this Court for filing a civil rights complaint under § 1983 in which he appeared to allege that he had been improperly placed, and retained, in the administrative segregation unit at the Monroe Correctional Complex, Special Offenders Unit. While plaintiff indicated in the opening pages of his complaint that there were a number of defendants responsible for the harm alleged therein, the body of the complaint specifically identified only two individuals as having participated in causing the harm complained of, C/O Denarad and CUS Kathy Grey
On October 30, 2002, this Court issued an Order declining to serve plaintiff's complaint Plaintiff was advised therein that his complaint was deficient because he failed to allege that defendants Denarad and Grey personally participated in causing him harm of constitutional dimensions or to allege any facts which would support a claim that harm of constitutional dimensions was inflicted upon him by these defendants. Plaintiff was further advised that if he was of the belief that other individuals participated in causing the harm alleged in the body of his complaint, he must specifically identify those individuals and set forth specific facts demonstrating how those individuals personally participated in causing him harm of constitutional dimensions. Plaintiff was granted leave to file an amended complaint curing these deficiencies.
On December 28, 2002, plaintiff filed an amended complaint As in his original complaint, the claims in plaintiff's amended complaint are somewhat unclear. It appears, however, that plaintiff once again intends to allege that he was improperly placed, and retained, in administrative segregation Plaintiff identifies several more defendants in his amended complaint and provides a lengthy description of the harm he alleges he suffered. However, plaintiff fails to make clear how any of the named defendants personally participated in causing him harm of constitutional dimensions. Plaintiff, therefore, has not adequately alleged a cause of action under § 1983.
Accordingly, this Court recommends that plaintiff's amended complaint and this action be dismissed, without prejudice, under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. A proposed order accompanies this Report and Recommendation.