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HAYES v. PRISON HEALTH SERVICES et al - Document No. 2

HAYES v. PRISON HEALTH SERVICES et al - Document No. 2

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Published by Justia.com
OPINION filed. Signed by Judge Robert B. Kugler on 5/24/07. (gn, ) 1:2007cv02239 New Jersey District Court
OPINION filed. Signed by Judge Robert B. Kugler on 5/24/07. (gn, ) 1:2007cv02239 New Jersey District Court

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Published by: Justia.com on Apr 30, 2008
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10/14/2013

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NOT FOR PUBLICATIONUNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
_______________________________:
JAMIE K. HAYES,
::
Civil Action No.
Plaintiff,
:
07-2239 (RBK)
:
v.
:
OPINION
PRISON HEALTH SERVICES, et al.,::
Defendants.
:
_______________________________:
APPEARANCES:

JAMIE K. HAYES, pro se
#37214
Cape May County Correctional Center
Cape May, New Jersey 08210

Robert B. Kugler, District Judge

Plaintiff JAMIE K. HAYES (hereinafter \u201cPlaintiff\u201d) currently confined at Cape May County Correctional Center, Cape May, New Jersey, seeks to bring this action in forma pauperis without prepayment of fees pursuant to 28 U.S.C. \u00a7 1915.

Plaintiff submitted his (1) affidavit of indigence and institutional account statement pursuant to 28 U.S.C. \u00a7 1915(a) (1998); (2) complaint (hereinafter \u201cComplaint\u201d); and (3) various attachments and exhibits of hundred seventy four pages.

Based on his affidavit of indigence and the absence of three qualifying dismissals within 28 U.S.C. \u00a7 1915(g), as of the date of this Opinion and accompanying

Case 1:07-cv-02239-RBK-JS Document 2
Filed 05/24/2007 Page 1 of 18
HAYES v. PRISON HEALTH SERVICES et al
Doc. 2
Dockets.Justia.com
Page -2-

Order, the Court will grant Plaintiff's application to proceed in forma pauperis pursuant to 28 U.S.C. \u00a7 1915(a) (1998) and order the Clerk of the Court to file the Complaint.

Plaintiff seeks compensatory damages, and--according to the caption in this matter--names the following parties as Defendants in this action: Prison Health Services; Larry Pettis, MD; Head Nurse Terry Brooks; Burdette Tomlin Memorial Hospital; Dr. Kevin Riordan; inmates Ruben Sanchez and Jose Castillo, and Harvey Strair, MD.

Plaintiff\u2019s numerous allegations against these Defendants could be roughly subdivided into three categories: (1) Plaintiff\u2019s assertions that certain Defendants were negligent in providing medical services or obtaining medical care for Plaintiff; (2) Plaintiff\u2019s suspicions that certain instances of such negligence might have been racially motivated; and (3) Plaintiff\u2019s claims against those Defendants who were Plaintiff\u2019s co-inmates and physically injured Plaintiff and/or exacerbated Plaintiff\u2019s medical injuries. After thoroughly examining Plaintiff's submission, this Court dismisses certain Plaintiff's allegations for failure to state a claim upon which relief may be granted, and proceeds certain Plaintiff\u2019s claims to the next stage.

STANDARD OF REVIEW
In 1996, Congress enacted the Prison Litigation Reform Act
(\u201cPLRA\u201d), Title VIII of the Omnibus Consolidated Rescissions and
Case 1:07-cv-02239-RBK-JS Document 2
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Appropriations Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321
(April 26, 1996).

Congress\u2019s purpose in enacting the PLRA was \u201cprimarily to curtail claims brought by prisoners under 42 U.S.C. \u00a7 1983 and the Federal Tort Claims Act . . . many of which are routinely dismissed as legally frivolous.\u201d

Santana v. United
States, 98 F.3d 752, 755 (3d Cir. 1996).

A crucial part of the congressional plan for curtailing meritless prisoner suits is the requirement, embodied in 28 U.S.C. \u00a7\u00a7 1915(e)(2)(B) and 1915A(b), that a court must dismiss, at the earliest practicable time, any prisoner actions that are frivolous or malicious, fail to state a claim, or seek monetary relief from immune defendants. However, in determining the sufficiency of a complaint, the Court must be mindful to construe it liberally in favor of the plaintiff. See Haines v. Kerner, 404 U.S. 519 (1972); United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992). The Court should \u201caccept as true all of the allegations in the complaint and reasonable inferences that can be drawn therefrom, and view them in the light most favorable to the plaintiff.\u201d Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997). The Court need not, however, lend credit to a pro se plaintiff\u2019s \u201cbald assertions\u201d or \u201clegal conclusions.\u201d Id. Thus, \u201c[a] pro se complaint may be dismissed for failure to state a claim only if it appears \u2018beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.\u2019\u201d Milhouse v. Carlson, 652 F.2d 371, 373

Case 1:07-cv-02239-RBK-JS Document 2
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