Winchester v. Christian

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF OKLAHOMA

GRAHAM REE WINCHESTER, )

)

Plaintiff, )

)

v. ) No. CIV 23-066-JFH-KEW

)

JOHN CHRISTIAN, et al., )

)

Defendants. )

OPINION AND ORDER

Plaintiff is a pro se pretrial detainee incarcerated at the Pontotoc County Jail in Ada,

Oklahoma. He filed this civil rights complaint pursuant to 42 U.S.C. § 1983, seeking relief

for alleged constitutional violations at his facility (Dkt. 1). The defendants are John

Christian, Pontotoc County Sheriff; the Pontotoc County Health Department; and Turnkey

Health.

Plaintiff alleges he has been denied access to the courts, because he has not been

provided any documents (Dkt. 1 at 5). He also asserts the living conditions of the jail are

unsanitary, black mold is present, and he has inadequate clothing. Id. Further, his HIPPA

rights have been violated, and he has been denied access to the courts and to his medical

files. Id. at 6. After review of the complaint, the Court finds Plaintiff must file an amended

civil rights complaint on the Court’s form, as set forth below.

Screening/Dismissal Standards

Federal courts must engage in a preliminary screening of cases in which prisoners

seek redress from a governmental entity or officer or employee of a governmental entity. 28

U.S.C. § 1915A(a). The Court must identify any cognizable claims and dismiss any claims

that are frivolous, malicious, fail to state a claim upon which relief may be granted, or seek

monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b);

28 U.S.C. § 1915(e)(2)(B).

The pleading standard for all civil actions was articulated in Bell Atl. Corp. v.

Twombly, 550 U.S. 544 (2007). See Ashcroft v. Iqbal, 556 U.S. 662, 684 (2009). To avoid

dismissal for failure to state a claim under Fed. R. Civ. P. 12(b)(6), a complaint must present

factual allegations, assumed to be true, that “raise a right to relief above the speculative

level.” Twombly, 550 U.S. at 555. The complaint also must contain “enough facts to state

a claim to relief that is plausible on its face.” Id. at 570. A court must accept all the well-

pleaded allegations of the complaint as true, even if doubtful in fact, and must construe the

allegations in the light most favorable to the plaintiff. Id. at 555-56. “So, when the

allegations in a complaint, however true, could not raise a claim of entitlement to relief,” the

cause of action should be dismissed. Id. at 558. The Court applies the same standard of

review for dismissals under 28 U.S.C. § 1915(e)(2)(B)(ii) that is employed for Fed. R. Civ.

P. 12(b)(6) motions to dismiss for failure to state a claim. Kay v. Bemis, 500 F.3d 1214,

1217-18 (10th Cir. 2007). See also Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013)

(holding that § 1915A dismissals are reviewed under the Fed. R. Civ. P. 12(b)(6) standard

for stating a claim for relief).

A pro se plaintiff’s complaint must be broadly construed under this standard.

Erickson v. Pardus, 551 U.S. 89, 94 (2007); Haines v. Kerner, 404 U.S. 519, 520 (1972). The

generous construction given to the pro se litigant’s allegations, however, “does not relieve

the plaintiff of the burden of alleging sufficient facts on which a recognized legal claim could

be based.” Hall v. Bellmon, 935 F.2d 1106, 1110 (10th Cir. 1991). Notwithstanding a pro

se plaintiff’s various mistakes or misunderstandings of legal doctrines or procedural

requirements, “if a court can reasonably read the pleadings to state a valid claim on which

the plaintiff could prevail, it should do so . . . .” Id. A reviewing court need not accept “mere

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conclusions characterizing pleaded facts.” Bryson v. City of Edmond, 905 F.2d 1386, 1390

(10th Cir. 1990). “While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not

need detailed factual allegations, a plaintiff’s obligation to provide the grounds of his

entitlement to relief requires more than labels and conclusions, and a formulaic recitation of

the elements of a cause of action will not do.” Twombly, 550 U.S. at 555 (quotations and

citations omitted). The Court “will not supply additional factual allegations to round out a

plaintiff’s complaint or construct a legal theory on a plaintiff’s behalf.” Whitney v. New

Mexico, 113 F.3d 1170, 1173-74 (10th Cir. 1997).

Amended Complaint

Within twenty-one (21) days of the entry of this Order, Plaintiff must file an amended

complaint on this Court’s form. The amended complaint must set forth the full name of each

person he is suing under 42 U.S.C. § 1983. See Sutton v. Utah State Sch. for the Deaf &

Blind, 173 F.3d 1226, 1237 (10th Cir. 1999) (holding that “a cause of action under § 1983

requires a deprivation of a civil right by a ‘person’ acting under color of state law”). Because

the Pontotoc County Health Department and Turnkey Health are not “persons” under 42

U.S.C. § 1983, they are hereby DISMISSED, and they may not be named as defendants in

the amended complaint.

The names in the caption of the amended complaint must be identical to those

contained in the body of the amended complaint, pursuant to Fed. R. Civ. P. 10(a). Plaintiff

also is responsible for providing sufficient information for service of process. See Lee v.

Armontrout, 991 F.2d 487, 489 (8th Cir. 1993) (plaintiff proceeding in forma pauperis and

pro se had responsibility to provide correct names and proper addresses for service of

process).

The amended complaint must include a short and plain statement of when and how

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each named defendant violated Plaintiff’s constitutional rights and showing Plaintiff is

entitled to relief from each named defendant. See Fed. R. Civ. P. 8(a). Plaintiff also shall

identify a specific constitutional basis for each claim. See id. He is admonished that simply

alleging that a defendant is an employee or supervisor of a state agency is inadequate to state

a claim. Plaintiff must go further and state how the named defendant’s personal participation

violated his constitutional rights. The “denial of a grievance, by itself without any

connection to the violation of constitutional rights alleged by the plaintiff, does not establish

personal participation under § 1983.” Gallagher v. Shelton, 587 F.3d 1063, 1069 (10th Cir.

2009) (citations omitted). The Court only will consider claims “based upon the violation of

a plaintiff’s personal rights, and not the rights of someone else.” Archuleta v. McShan, 897

F.2d 495, 497 (10th Cir. 1990).

An amended complaint completely replaces the original complaint and renders the

original complaint of no legal effect. See Miller v. Glanz, 948 F.2d 1562, 1565 (10th Cir.

1991); Gilles v. United States, 906 F.2d 1386, 1389 (10th Cir. 1990). See also Local Civil

Rule 9.2(c). The amended complaint must include all claims and supporting material to be

considered by the Court. See Local Civil Rule 9.2(c). It must be complete in itself, including

exhibits, and may not reference or attempt to incorporate material from the original complaint

or exhibits. Id. It also may not include defendants or claims that are dismissed by this Order.

Pursuant to Local Civil Rule 5.2(a), the amended complaint must be clearly legible, only one

side of the paper may be used, and additional sheets of paper shall have margins of no less

than one (1) inch on the top, bottom, and sides. The Court Clerk is directed to send Plaintiff

a form for filing an amended complaint.

ACCORDINGLY,

1. Defendants Pontotoc County Health Department and Turnkey Health are

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DISMISSED from this action.

2. Plaintiff is directed to file within twenty-one (21) days an amended complaint

on the Court’s form as directed in this Order.

3. The Court Clerk is directed to send Plaintiff a copy of the form for filing an

amended civil rights complaint in this Court.

4. Failure to comply with this Order will result in dismissal of this action without

further notice.

IT IS SO ORDERED this 11th day of April 2023.

jmberly E. West

nited States Magistrate Judge

Eastern District of Oklahoma