United States District Court, W.D. North Carolina, Asheville Division
D. WHITNEY JUDGE.
MATTER is before the Court on initial review of
Plaintiff's Complaint pursuant to 28 U.S.C. §
1915(e) and § 1915A. [Doc. 1]. Plaintiff is proceeding
in forma pauperis. [Docs. 2, 8].
Plaintiff William Kimble, Jr., is an inmate of the State of
North Carolina, currently incarcerated at Bertie Correctional
Institution in Windsor, North Carolina. Plaintiff filed this
action on January 16, 2019, pursuant to 42 U.S.C. §
1983, based on conditions at his previous place of
confinement, Marion Correctional Institution (MCI). Plaintiff
has named four Defendants, both in their official and
individual capacities: (1) FNU Corpening, identified as
Correctional Administrator at MCI; (2) FNU Todd, identified
as Sergeant of Warehouse at MCI; (3) Saint T. Tapp,
identified as Assistant Unit Manager of F-Unit at MCI; and
(4) Jeffry E. James, identified as Unit Manager of F-Unit at
MCI. Plaintiff purports to bring claims against these
Defendants related to his conditions of confinement and for
cruel and unusual punishment under the Eighth Amendment.
Plaintiff also cites the Fifth and Fourteenth Amendments in
relation to his claims, but he does not allege how these
Amendments apply. Specifically, Plaintiff alleges that
Defendants failed to give each individual inmate his own
mattress cover, that the mattresses have not been cleaned
with a bacterial disinfectant spray, that only multi-purpose
cleaner is available to the inmates, and that these
conditions expose Plaintiff to “harmful diseases such
as (MRSA).” [Doc. 1 at 4-5]. Plaintiff claims the
conditions of the mattresses has caused him skin irritation,
rashes, allergic reactions, loss of sleep, and emotional and
mental stress. [Id. at 10]. For relief, Plaintiff
seeks injunctive relief and compensatory and punitive
STANDARD OF REVIEW
Plaintiff is proceeding in forma pauperis, the Court must
review the Complaint to determine whether it is subject to
dismissal on the grounds that it is “frivolous or
malicious [or] fails to state a claim on which relief may be
granted.” 28 U.S.C. § 1915(e)(2). Furthermore,
§ 1915A requires an initial review of a “complaint
in a civil action in which a prisoner seeks redress from a
governmental entity or officer or employee of a governmental
entity, ” and the court must identify cognizable claims
or dismiss the complaint, or any portion of the complaint, if
the complaint is frivolous, malicious, or fails to state a
claim upon which relief may be granted; or seeks monetary
relief from a defendant who is immune from such relief. In
its frivolity review, this Court must determine whether the
Complaint raises an indisputably meritless legal theory or is
founded upon clearly baseless factual contentions, such as
fantastic or delusional scenarios. Neitzke v.
Williams, 490 U.S. 319, 327-28 (1989).
Eighth Amendment protects prisoners from inhumane methods of
punishment and from inhumane conditions of confinement.
Williams v. Benjamin, 77 F.3d 756, 761 (4th Cir.
1996). “Prison conditions may be harsh and
uncomfortable without violating the Eighth Amendment
prohibition against cruel and unusual punishment.”
Dixon v. Godinez, 114 F.3d 640, 642 (7th Cir. 1997).
Rather, extreme deprivations are required, and “only
those deprivations denying the minimal civilized measure of
life's necessities are sufficiently grave to form the
basis of an Eighth Amendment violation.” Hudson v.
McMillian, 503 U.S. 1, 9 (1992) (quoting Wilson v.
Seiter, 501 U.S. 294, 298 (1991) (internal quotation
omitted)). The plaintiff must allege facts sufficient to
support a claim that prison officials knew of and disregarded
a substantial risk of serious harm. Farmer v.
Brennan, 511 U.S. 825, 847 (1994). A plaintiff must also
generally allege “a serious or significant physical or
emotional injury resulting from the challenged
conditions.” Strickler v. Waters, 989 F.2d
1375, 1381 (4th Cir. 1993).
Plaintiff has not alleged sufficient facts to proceed past
initial review. An uncomfortable or dirty mattress that has
not been disinfected with Plaintiffs preferred cleaning
solution is not an extreme deprivation for which Plaintiff
has a remedy under the Eighth Amendment. Plaintiff has also
failed to allege a serious or significant physical or
emotional injury resulting from the condition. The Court also
notes that none of these Defendants can be sued in their
official capacities under § 1983, in any event. Finally,
to the extent that Plaintiff seeks injunctive relief in this
action, such claim is moot because he has been transferred
away from the Marion Correctional Institution. Incumaa v.
Ozmint 507 F.3d 281, 286-87 (4th Cir. 2007).
reasons stated herein, Plaintiffs Complaint is dismissed for
failure to state a claim.
IS, THEREFORE, ORDERED that:
Plaintiffs Complaint [Doc. 1] is DISMISSED