United States District Court, S.D. Ohio, Eastern Division
C. Smith Judge.
ORDER AND REPORT AND RECOMMENDATION
CHELSEY M. VASCURA UNITED STATES MAGISTRATE JUDGE.
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.
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).
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.
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).
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
prisoner's name and this case number must be included on
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.
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
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 ...