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Sanders v. Baldwin

United States District Court, S.D. Ohio, Eastern Division

June 24, 2019

JASON ALAN SANDERS, Plaintiff,
v.
DALLAS BALDWIN, et al., Defendants.

          George C. Smith Judge.

          ORDER AND REPORT AND RECOMMENDATION

          CHELSEY M. VASCURA UNITED STATES MAGISTRATE JUDGE.

         Plaintiff, an inmate at Franklin County Correction Center (“FCCC”) in Franklin County, Ohio, brings this civil rights action under 42 U.S.C. § 1983 against a number of FCCC employees, alleging that he has been denied access to recreation and telephones in violation of the Eighth Amendment. This matter is before the Court for the initial screen of Plaintiff's Complaint under 28 U.S.C. §§ 1915(e)(2) and 1915A to identify cognizable claims and to recommend dismissal of Plaintiff's Complaint, or any portion of it, which is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2); see also McGore v. Wrigglesworth, 114 F.3d 601, 608 (6th Cir. 1997). Having performed the initial screen, for the reasons that follow, the undersigned RECOMMENDS that the Court (1) permit Plaintiff to proceed on his conditions-of-confinement claim against Defendants Sgt. Lewis Schrader and Lt. Johnson and (2) DISMISS his claims against the remaining defendants pursuant to § 1915(e)(2) for failure to state a claim on which relief may be granted.

         This matter is also before the Court for consideration of Plaintiff's motion for leave to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1) and (2), which is GRANTED. (ECF No. 1.) Plaintiff is required to pay the full amount of the Court's $350 filing fee. 28 U.S.C. § 1915(b)(1).

         Plaintiff's certified trust fund statement reveals that he currently has no money in his prison account. Pursuant to 28 U.S.C. § 1915(b)(1), the custodian of Plaintiff's inmate trust accounts at FCCC is DIRECTED to submit to the Clerk of the United States District Court for the Southern District of Ohio as an initial partial payment, 20% of the greater of either the average monthly deposits to the inmate trust account or the average monthly balance in the inmate trust account, for the six-months immediately preceding the filing of the Complaint.

         After full payment of the initial, partial filing fee, the custodian shall submit 20% of the inmate's preceding monthly income credited to the account, but only when the amount in the account exceeds $10.00 until the full fee of $350.00 has been paid to the Clerk of this Court. 28 U.S.C. § 1915(b)(2). See McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997).

         Checks should be made payable to: Clerk, United States District Court. The checks should be sent to:

Prisoner Accounts Receivable 260 U.S. Courthouse 85 Marconi Boulevard Columbus, Ohio 43215

         The prisoner's name and this case number must be included on each check.

         It is ORDERED that Plaintiff be allowed to prosecute his action without prepayment of fees or costs and that judicial officers who render services in this action shall do so as if the costs had been prepaid.

         The Clerk of Court is DIRECTED to mail a copy of this Order to Plaintiff and the prison cashier's office. The Clerk is further DIRECTED to forward a copy of this Order to the Court's financial office in Columbus.

         I.

         According to the Complaint, Plaintiff has been housed at FCCC since February 2019, and since that time, has been denied access to telephones and recreation. Plaintiff alleges that he has not incurred any disciplinary infractions that would warrant such restrictions. Construing his Complaint broadly, Plaintiff alleges that Defendant Sgt. Lewis Schrader is responsible for his cell assignment and the accompanying restrictions. Plaintiff filed a grievance regarding these conditions, and Defendant Lt. Johnson responded, denying his grievance with the exception of informing Plaintiff that he may access a telephone to contact his attorney. Plaintiff further alleges that although he has been permitted access to the law library, the library has not “updated the system” for 30 days. (Compl. 5, ECF No. 1-2.) In addition to naming Sg. Schrader and Lt. Johnson as Defendants, Plaintiff names Dallas Baldwin and five John Does as defendants. Plaintiff indicates that he is naming all Defendants in both their individual and official capacities and ...


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