The opinion of the court was delivered by: Judge Muir
(Complaint Filed 12/19/06)
Kevin C. Carrington, an inmate presently confined in the Schuylkill County Prison, Pottsville, Pennsylvania, filed this civil rights action pursuant to 42 U.S.C. § 1983. The named defendants are Eugene Berdanier*fn1 , Schuylkill County Prison Warden; and Scott Rizzardi, Schuylkill County Prison Lieutenant.
Presently before the Court is defendants' motion to dismiss, and/or for summary judgment, in which defendants argue that Carrington has failed to exhaust available administrative remedies.*fn2 (Doc. No. 10). For the reasons outlined below, the defendants' motion will be granted.
Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for dismissal of claims that fail to assert a basis upon which relief can be granted. See FED.R.CIV.P. 12(b)(6). When deciding a motion to dismiss for failure to state a claim, the court is required to accept as true all of the factual allegations in the complaint and all reasonable inferences that can be drawn therefrom. Langford v. City of Atlantic City, 235 F.3d 845, 847 (3d Cir. 2000) (citing Nami v. Fauver, 82 F.3d 63, 65 (3d Cir. 1996)). "The complaint will be deemed to have alleged sufficient facts if it adequately put[s] the defendant on notice of the essential elements of the plaintiff's cause of action." Id. The court will not dismiss a complaint for failure to state a claim unless it appears beyond a doubt that "no relief could be granted under any set of facts that could be proved consistent with the allegations." Swierkiewicz v. Sorema N.A., 534 U.S. 506, 514 (2002).
"In determining whether a claim should be dismissed under Rule 12(b)(6), a court looks only to the facts alleged in the complaint and its attachments without reference to other parts of the record." Jordan v. Fox, Rothschild, O'Brien & Frankel, 20 F.3d 1250, 1261 (3d Cir. 1994). The court, however, need not accept "bald assertions" or "legal conclusions." Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997). Likewise, the court need not "conjure up unpled allegations or contrive elaborately arcane scripts" to breathe life into an otherwise defective complaint. Gooley v. Mobil Oil Corp., 851 F.2d 513, 514 (1st Cir. 1988).
Plaintiff, a Rastafarian, alleges that on November 11, 2006, his religious belief not to cut his hair was "broken" when Lt. Rizzardi "hand cuff[ed] [him] and held [him] down and cut [his] hair of (sic) due to the fact that he thought [plaintiff] had a razor blade in [his] hair." (Doc. No. 1, complaint). Plaintiff alleges that despite his statement that "the only blade [he] had was in my mouth", Correctional Officer Chapman did a full search of plaintiff's head and found no razor. Id.
Plaintiff states that he did not file a grievance concerning his complaint because "said Lt. in this case came to [his] cell and told [him] off about it" and that he was "cursed out by said Lt. Rizzardi about [a] letter [he] sent to the Warden." Id.
On December 19, 2006, the plaintiff filed the instant civil rights action in which he claims a violation of his First and Eighth Amendment Rights. Id. For relief, plaintiff seeks compensatory damages, as well as injunctive relief.
Defendants contend that Carrington's complaint should be dismissed for his failure to exhaust available administrative. In pertinent part, the Prison Litigation Reform Act provides:
No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such ...