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Cvengros v. Wheeler Corrections Facility

United States District Court, S.D. Georgia, Dublin Division

July 30, 2015

RICHARD CVENGROS, Plaintiff,
v.
WHEELER CORRECTIONS FACILITY and NURSE BOONE, Defendants.

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

BRIAN K. EPPS, Magistrate Judge.

Plaintiff, an inmate at Wheeler Correctional Facility ("WCF") in Alamo, Georgia, brought the above-captioned case pursuant to 42 U.S.C. ยง 1983. On June 1, 2015, the Court ordered Plaintiff to amend his complaint to correct certain pleading deficiencies. (Doc. no. 9.) Plaintiff has submitted an amended complaint. (Doc. no. 10.) Because he is proceeding in forma pauperis ("IFP"), Plaintiff's amended complaint must be screened to protect potential defendants. Phillips v. Mashburn, 746 F.2d 782, 785 (11th Cir. 1984); Al-Amin v. Donald, 165 F.App'x 733, 736 (11th Cir. 2006).

I. SCREENING OF THE AMENDED COMPLAINT

A. Original Complaint Allegations and Leave to Amend

In his original complaint, Plaintiff named as Defendants WCF and Nurse Boone. (Doc. no. 1, pp. 1, 4.) Plaintiff alleged the following facts.

Plaintiff is in severe pain and has to climb up to a top bunk. (Id. at 5.) Nurse Boone has denied Plaintiff a bottom bunk profile and Plaintiff has also been denied a double mattress profile. (Id.) Plaintiff has put in two sick calls in six months, and has also submitted one grievance about his medical condition. (Id.) Plaintiff states that he suffers from the medical condition of "artafical lumbar - screw's and a spinule fusion [sic]." (Id.) Plaintiff alleges that the denial of these profiles is a violation of his Eighth Amendment rights. (Id.) Plaintiff seeks relief in the form of money damages. (Id.)

The Court notified Plaintiff in its June 1st Order that his allegations did not allow it to conduct a meaningful initial review. (Doc. no. 9.) The Court identified the following pleading deficiencies:

Plaintiff does not describe his condition in sufficient detail. Plaintiff's description of his condition appears to be that he had spinal fusion surgery that included placement of screws. If this is Plaintiff's condition, he should provide the date of his surgery and describe when and what medical treatment he did receive for this condition. Plaintiff should also state whether any medical practitioner has stated he needs either a bottom bunk profile or double mattress profile. If no medical practitioner has stated Plaintiff needs these profiles, he should state why he feels he needs the profiles, including whether his failure to get these profiles have hurt him or exacerbated his condition. Nor does Plaintiff describe with sufficient facts how each named defendant purportedly violated his constitutional rights. Plaintiff should state what reasons any defendant gave for denying Plaintiff these profiles.

(Id.)

Because Plaintiff is proceeding pro se, the Court gave him an opportunity to attempt to cure the identified pleading deficiencies by submitting an amended complaint. (Id.)

B. Amended Complaint Allegations

Plaintiff still names as Defendants WCF and Nurse Boone. (Doc. no. 10, pp. 1, 4.) Taking all of Plaintiff's factual allegations as true, as the Court must for purposes of the present screening, the facts are as follows.

Medical Staff at WCF never "documented [Plaintiff's] medical documents and the pain [Plaintiff] was having" when he first arrived at WCF on July 25, 2014. (Id. at 5.) Plaintiff "was denied [his] profiles do [sic] to [his] medical document's [sic] such as [his] MRIs [he] gave Nurse Boone" on September 5, 2014 at 9:00 a.m. (Id.) Nurse Boone and WCF ...


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