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Harrison v. Hall

United States District Court, W.D. Kentucky, Paducah

March 13, 2019

GLENDON C. HARRISON JR. PLAINTIFF
v.
DONNIE HALL DEFENDANT

          MEMORANDUM OPINION

          Thomas B. Russell, Senior Judge United States District Court

         This is a pro se civil rights action brought by a convicted prisoner pursuant to 42 U.S.C. § 1983. The Court has granted Plaintiff Glendon C. Harrison Jr. leave to proceed in forma pauperis. This matter is before the Court for screening pursuant to 28 U.S.C. § 1915A. For the reasons set forth below, this action will be dismissed.

         I.

         Plaintiff is incarcerated at the Ballard County Detention Center (BCDC). He sues BCDC Jailer Donnie Hall in his official capacity.

Plaintiff states as follows in the “Statement of Claims” section of the complaint:
The jailer or jail administrator shall provide adult prisoners with a nutritionally adequate diet containing at least 2400 calories a day. Condiments shall not be included in totals.
Jail or jail administrator shall maintain accurate records of all meals served. Jailer or jail personnel shall directly supervise all food prepared within the jail.
Feb. 09, 2019 @ 12:00 p.m.
We was served burnt beans and burnt cake.
Feb. 09, 2019 @ 5:00 p.m. Was served burnt pizza . . . .
As relief, Plaintiff seeks compensatory and punitive damages.

         II.

         When a prisoner initiates a civil action seeking redress from a governmental entity, officer, or employee, the trial court must review the complaint and dismiss the complaint, or any portion of it, if the court determines that the complaint is frivolous or 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. See § 1915A(b)(1), (2); McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007).

         In order to survive dismissal for failure to state a claim, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.'” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556). “[A] district court must (1) view the complaint in the light most favorable to the plaintiff and (2) take all well-pleaded factual allegations as true.” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (citing Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir. 2009) (citations omitted)). “But the district court need not accept a ‘bare assertion of legal conclusions.'” Tackett, 561 F.3d at 488 (quoting Columbia Natural Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir. 1995)). “A pleading that offers ‘labels and ...


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