United States District Court, D. Maine
RECOMMENDED DECISION AFTER SCREENING COMPLAINT
PURSUANT TO 28 U.S.C. §§ 1915(E), 1915A
C. Nivison, U.S. Magistrate Judge
action, Plaintiff Dustin Don Badger, an inmate in the
Aroostook County Jail, alleges that Defendant Katahdin Valley
Health Center denied him appropriate medical care.
filed an application to proceed in forma pauperis (ECF No.
4), which application the Court granted. (ECF No. 6.) In
accordance with the in forma pauperis statute, a preliminary
review of Plaintiff's complaint is appropriate. 28 U.S.C.
§ 1915(e)(2). Additionally, Plaintiff's complaint is
subject to screening “before docketing, if feasible or
… as soon as practicable after docketing, ”
because he is “a prisoner seek[ing] redress from a
governmental entity or officer or employee of a governmental
entity.” 28 U.S.C. § 1915A(a).
a review of Plaintiff's complaint, I recommend the Court
dismiss the complaint.
federal in forma pauperis statute, 28 U.S.C. § 1915, is
designed to ensure meaningful access to the federal courts
for those persons unable to pay the costs of bringing an
action. When a party is proceeding in forma pauperis,
however, “the court shall dismiss the case at any time
if the court determines, ” inter alia, that the action
is “frivolous or malicious” or “fails to
state a claim on which relief may be granted” or
“seeks monetary relief against a defendant who is
immune from such relief.” 28 U.S.C. §
1915(e)(2)(B). “Dismissals [under § 1915] are
often made sua sponte prior to the issuance of process, so as
to spare prospective defendants the inconvenience and expense
of answering such complaints.” Neitzke v.
Williams, 490 U.S. 319, 324 (1989).
addition to the review contemplated by § 1915,
Plaintiff's complaint is subject to screening under the
Prison Litigation Reform Act because Plaintiff currently is
incarcerated and seeks redress from governmental entities and
officers. See 28 U.S.C. § 1915A(a),
(c). The § 1915A screening requires courts to
“identify cognizable claims or dismiss the complaint,
or any portion of the complaint, if the complaint (1) is
frivolous, malicious, or fails to state a claim …; or
(2) seeks monetary relief from a defendant who is immune from
such relief.” 28 U.S.C. § 1915A(b).
considering whether a complaint states a claim for which
relief may be granted, courts must assume the truth of all
well-plead facts and give the plaintiff the benefit of all
reasonable inferences therefrom. Ocasio-Hernandez v.
Fortuno-Burset, 640 F.3d 1, 12 (1st Cir. 2011). A
complaint fails to state a claim upon which relief can be
granted if it does not plead “enough facts to state a
claim to relief that is plausible on its face.”
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570
a pro se plaintiff's complaint is subject to “less
stringent standards than formal pleadings drafted by lawyers,
” Haines v. Kerner, 404 U.S. 519, 520 (1972),
this is “not to say that pro se plaintiffs are not
required to plead basic facts sufficient to state a claim,
Ferranti v. Moran, 618 F.2d 888, 890 (1st Cir.
1980). To allege a civil action in federal court, a plaintiff
must allege more than simply that a defendant acted
unlawfully; a plaintiff must affirmatively allege facts that
identify the manner by which the defendant subjected the
plaintiff to a harm for which the law affords a remedy.
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
alleges that Defendant Katahdin Valley Health Center is the
“doctor at Aroostook County Jail.” (Complaint at
2, ECF No. 1.) Plaintiff further alleges:
I have recently been taken off my psychiatric medications
that I am on for my psychological and mental problems. The
facility has clear records that I have mental and
psychological issues[.] I was on Haldol Seriaval [sic] and
Wel[l]butrin[.] [T]hey have the records and took me off for
no apparent reason.
(Id. at 3.) Based on his allegations, Plaintiff
requests the following relief: “I would either like my
medication reissued or them sued for negligence, mental
anguish, cruel ...