United States District Court, W.D. North Carolina, Statesville Division
D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE.
MATTER is before the Court on initial review of
Plaintiff's Complaint [Doc. 1-1 at 9-15], filed under 42
U.S.C. § 1983. See 28 U.S.C. §§
1915(e) and 1915A.
Plaintiff Trevor Mohammed (“Plaintiff”), a North
Carolina state inmate currently incarcerated at Alexander
Correctional Institution (“Alexander”) located in
Taylorsville, North Carolina, filed this action in the
Superior Court of Wake County, North Carolina, on September
20, 2018, under 42 U.S.C. § 1983. [Doc. 1-1 at 3].
Plaintiff names the following individuals as Defendants in
this matter: (1) Erik A. Hooks, identified as the Secretary
of the N.C. Department of Public Safety (NCDPS); (2) Kenneth
Beaver, identified as Administrator of Alexander; and (3)
Christopher Murray, identified as Assistant Unit Manager for
Blue Unit at Alexander. [Doc. 1-1 at 10].
December 17, 2018, Defendant Erik A. Hooks filed a Notice of
Removal Pursuant to 28 U.S.C. §§ 1441 and 1446,
removing the case to the United States District Court for the
Eastern District of North Carolina. [Doc. 1]. On May 14,
2019, the Honorable Terrence W. Boyle, Chief District Court
Judge, ordered the case be transferred to the United States
District Court for the Western District of North Carolina.
Court takes the following allegations by Plaintiff as true
for the purpose of this initial review:
10. Plaintiff is housed on Blue Unit at Alexander and has
been subjected to various constitutional violations (such as:
denial of proper housing, medical device, etc., staff failure
to process submitted sick calls seeking treatment for serious
medical needs; staff failure to honor order from specialist;
11. Plaintiff was subjected to reprisal tactics and
retaliatory acts for exercising his constitutional rights -
by utilizing the avenue available to seek relief for such
violated acts, with the prison system, the
“Administrative Remedy Procedure” (Form DC-410).
12. Plaintiff First Amendment Right was constantly violated
by defendants' conspiratorial practice - that consist of
manifold reprisals and “deliberate disregard” for
rules and regulations which govern their duty to receive,
process and answer submitted grievances (DC-410) in
compliance with State of North Carolina Department of Public
Safety Division of Prisons Policy & Procedure (P &
P), Chapter G, section .0300 Administrative Remedy Procedure,
and Chapter 148 State Prison System.
14. [W]hen plaintiff exercise use of the grievance procedure,
officials join together to harass ( N.C. Gen. Stat.
148-118-1976) and retaliate (148-118) against plaintiff with
a combination of unethical acts, including the following:
(A) - Claim to never have received DC-410 from plaintiff;
(B) - Claim to return DC-410 to plaintiff (but plaintiff