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Allah-U-Akbar v. State

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

September 4, 2019

STATE OF OHIO, et al., Defendants.

          Chelsey M. Vascura Magistrate Judge



         Plaintiff, an inmate at Chillicothe Correctional Institution (“CCI”) in Ross County, Ohio, brings this civil rights action under 42 U.S.C. §§ 1983, 1985(3), and 12131 et seq. against the State of Ohio and the Ohio Department of Rehabilitation & Corrections (“ODRC”), along with various CCI employees, alleging that he has been placed in restrictive housing and disciplined due to discrimination on the basis of his disabilities and religion. 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 DISMISS this action without prejudice 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 less than $14 in his prison account. Pursuant to 28 U.S.C. § 1915(b)(1), the custodian of Plaintiff's inmate trust accounts at CCI 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.


         According to the Complaint, Defendants discriminated against Plaintiff on the basis of his asthma in violation of the Fourteenth Amendment and the Americans with Disabilities Act, 42 USC §§ 12131 et seq., by spraying pesticide in Plaintiffs cell “despite its known toxic effects to Plaintiffs asthma and endocrine system.” (Compl. ¶ 2, ECF No. 1.) As a result of refusing to exit his cell to allow it to be sprayed, Plaintiff alleges he has received discipline such as conduct reports and placement in solitary confinement. (Id. ¶ 45.) Plaintiff also states he has been placed in “restrictive housing” as discipline for maintaining a curtain across the bottom half of his cell door, which he maintains is necessary to alleviate his post-traumatic stress disorder (“PTSD”) symptoms he suffers when he feels he is being watched, and necessary to maintain modesty according to his religious beliefs. (Id. ¶¶ 58-74.) Further, he alleges that he was denied access to the law library and his legal materials on the basis of his disabilities. (Id. ¶ 150.) Plaintiff also alleges that Defendants have refused to address him by his religiously-adopted name of Malik Allah-U-Akbar, thereby discriminating against him on the basis of religion and violating his Free Exercise rights under the First Amendment. (Id. ¶¶ ...

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