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Hardy v. Parnell

United States District Court, Sixth Circuit

November 5, 2013

ICTOR HARDY Plaintiff,
v.
RICKY PARNELL et al., Defendants.

MEMORANDUM OPINION AND ORDER

THOMAS B. RUSSELL, Senior District Judge.

On review of the original pro se complaint (DN 1), the Court was unable to discern who the Plaintiffs were. Consequently, by Order entered August 16, 2013 (DN 5), the Court directed Plaintiff Hardy and any other intended Plaintiffs to file an amended complaint which the Court advised would supercede the original complaint. Only Plaintiff Hardy filed an amended complaint (DN 7), and in a letter, he advised that he is the only Plaintiff in this action "Due to we all have been separated some or in different dorms then [] others have left [and] went to prison. Some or free and went home [] And I have no way to contact or get intouch with these peers" (DN 9). The Court concludes that Plaintiff Hardy is the sole Plaintiff in this action.

After filing his amended complaint, Plaintiff also filed a letter (DN 13) containing allegations which occurred following the filing of his amended complaint. The Court construes this letter as a motion to supplement (DN 13), which is GRANTED.

This matter is currently before the Court on initial review of Plaintiff's pro se amended complaint (DN 7) and supplement (DN 13) pursuant to 28 U.S.C. § 1915A and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). For the reasons that follow, the amended complaint (DN 7) and supplement (DN 13) will be dismissed, but the Court will provide Plaintiff with another opportunity to file an amended complaint with respect to his retaliation claim.

I. SUMMARY OF CLAIMS

Plaintiff filed an amended complaint pursuant to 42 U.S.C. § 1983 regarding the conditions of his confinement at the Fulton County Detention Center (FCDC). Plaintiff was a convicted inmate incarcerated in the FCDC when he initiated this action, but he has since been transferred to the Roederer Correctional Complex (RCC).

Plaintiff brings suit against FCDC Jailer Ricky Parnell and FCDC Chief Deputy Jim Williams in their individual and official capacities.

In the amended complaint, Plaintiff raises two claims. Plaintiff first complains of "Money being taken off My books." He reports filing "Grievances against Jim Williams" on February 19 and 25, 2013, and filing an appeal on March 4, 2013, but never receiving a response. He asks, "why they was taking money off my account for Hygienes, " and he reports that he filed an "informal resolutin - Jim Williams - nothing done - 2-25-13 [and] 2-18-13 file claim do to my 8th Amendment Rights being violated cruel unusual Punishment by Jailer Ricky Parnell. Im a state inmate being charged for state indigent Products."

As to his second claim, Plaintiff complains of being placed in "the hole" and alleges as follows:

Grievence on 8-14-13 about putting me in the hole against my will.[1] During chow time guard comes and say Hardy Pack it up, im thinking im being shipped off, then I ask whats going on Guard stated to me you are checking in the hole for writting Greivences, ordered by Jeff Johnson. Grevance 8-20-13 To Jeff Johnson regarding me being in the hole [and] letting him no that I didnt request to be here.[2] Inspector Sarah Hughes stated to him to release me from P.C. [and] put me back in my dorm. so he had me to write him a letter stating that I don't want P.C. after I did that. He comes back with you are not getting out of P.C due to you have been intimidating inmates. another way to punish me for writting Greveicnies [and] filing the 1983 lawsuit against them [and] facility. And for bringing attention to F.C.D.C. my rights are being violated against/inmates have the right to file a complaint against Jail or Prison Staff for cruel [and] unusual Punishment [and] if your rights are being violated.

To the amended complaint, Plaintiff attached a copy of a July 28, 2013, letter addressed to Sarah Hughes of the Department of Corrections, Division of Local Facilities. Therein, he writes that he is "scared for my safety of my life" at FCDC, and "Im so fearful here I cant eat my food cause I no now they really are trying to poison me. I keep finding hair [illegible] like rocks real fine pieces of metal in my food. They given me bread that have green mode on the sides." He continues, "Just this matter of me having a civil suit against the Jailer here at F.C.D.C is a automaticed conflic with me and the staff here at F.C.D.C. Thats probably with they intimidating me and making these threating statement towards me and trys to poison me with the food."

In the supplement to the complaint, Plaintiff alleges that after being transferred to RCC,

a write up was sent From Fulton Cty. Regarding horseplaying that I served 35 days for. Then they stated that I was hitting inmates on the butts.[3] Which is a lie I don't play like that im not a homosexual [and] I don't play like that in any kind away. So I went to court call at the roederer tried to defend myself [and] to make them understand that this is still their way of retialing against me still.... Then when I go to be classified they slap me with high Risk mgnt. Maxium Security Level.

In addition to increasing his custody level, Plaintiff reports that as a result of the new write-up, "they took 60 days of My Good time ...


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