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Mallory v. Bolton

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

May 1, 2019

JAMES MALLORY PLAINTIFF
v.
MARK BOLTON, et al. DEFENDANTS

          MEMORANDUM OPINION & ORDER

          Charles R. Simpson III, Senior Judge United States District Court

         Plaintiff James Mallory, a Louisville Metro Department of Corrections (“LMDC”) prisoner proceeding pro se brings this civil rights action alleging that LMDC employees Mark Bolton, Dewayne Clark, Steve Durham, Martin Baker, Katreese Walker, Tmeka Wingate, Christopher L. Wedding, Jason Logsdon, Robert Brown, Major Jerry Collins, Major Ashby, Regina Reese Davis, Kevin Smith, and Rachel White violated his constitutional rights. Presently before the Court is Defendants Bolton, Clark, Durham, Baker, Walker, Brown, Collins, Ashby, Logsdon, Wedding, and Wingate's (collectively, the “Metro Defendants”) Motion to Dismiss. DN 2. Plaintiff has not responded in opposition. The time to do so has now passed, and this matter is ripe for adjudication.

         I. BACKGROUND

         Plaintiff initiated this action by filing his handwritten complaint in the Jefferson Circuit Court. Defendants removed the action to this Court pursuant to federal question jurisdiction as the complaint alleges violations of Plaintiff's U.S. Constitutional rights. DN 1. Shortly thereafter, the Metro Defendants moved to dismiss Plaintiff's complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim for which relief can be granted. DN 2.

         Plaintiff makes the following allegations in his complaint:

Since being housed back in LMDC jail Mallory been housed in the old part of the jail exposed to mold, feces and urine on a daily basis…inmates are forced to be held inside a[] holding cell in dorm 9 5 floor with no toilet, or sink, so they urinate on the floor and feces be left for Mallory to inhale…
Mallory has bleed from his rectum for several weeks with no proper medical attention.
The showers infested with mold and rust thats been there for several years.
Also while talking with the psych department PsyH doctors Rachel White c/o's are always present no [HIPAA] privtecy.
My mail been tamper with stolen with clear proofs just recently. November 2018 Gregory Coulson my attorney tried to give me a criminal law book @ visit. They denied him told him to send it in the mail and 2 days later he sent the law book til this very ...

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