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Mohammed v. Hooks

United States District Court, W.D. North Carolina, Statesville Division

November 17, 2019

TREVOR MOHAMMED, Plaintiff,
v.
ERIK A. HOOKS, et al., Defendants.

          ORDER

          FRANK D. WHITNEY CHIEF UNITED STATES DISTRICT JUDGE.

         THIS 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.

         I. BACKGROUND

         Pro se 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].

         On 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. [Doc. 4].

         The 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; etc)
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 never ...

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