Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jayne v. Pike County Correctional: Facility

October 10, 2007

DYLAN STEPHEN JAYNE, PLAINTIFF
v.
PIKE COUNTY CORRECTIONAL: FACILITY, ET AL., DEFENDANTS



The opinion of the court was delivered by: Edwin M. Kosik United States District Judge

(Judge Kosik)

MEMORANDUM

I. Introduction

Plaintiff Dylan Stephen Jayne filed this civil rights action on June 21, 2007, pursuant to 42 U.S.C. § 1983. He was formerly an inmate at the Pike County Correctional Institution, but was released on February 1, 2006, prior to commencing this matter. Along with the complaint, Jayne has submitted an application seeking leave to proceed in forma pauperis. (Doc. 2.) Named as Defendants are the Pike County Correctional Facility ("PCCF") and several employees there including the Warden, the Assistant Wardens, Program Directors and two Psychologists. The complaint is presently before the court for preliminary screening pursuant to 28 U.S.C. § 1915(e)(2)(B).*fn1 For the reasons that follow, the motion to proceed in forma pauperis will be granted and this action will be dismissed for failure to state a claim upon which relief can be granted.

II. Allegations in the Complaint

Admittedly, the complaint is a ten (10) page typewritten narrative that is both confusing to follow and fails to flow. It jumps from one thought to another, setting forth much irrelevant background information and, after several reads, appears to allege the following. Plaintiff sets forth challenges to his underlying criminal conviction on charges of Resisting Arrest and Public Drunkenness, a sentence which has been served. These claims appear to come in the form of challenges to the preliminary arraignment, the plea agreement and the effectiveness of his public defender.*fn2

Plaintiff also appears to set forth several claims of denial of access to the courts - specifically regarding his access to the law library/library assistance at the PCCF, challenges to the housing classifications he received while at the PCCF and Eighth Amendment inadequate medical care claims against employees at the PCCF. With regard to the medical claims, he basically disagrees with medications that were prescribed for him by Defendants Volpe and Turnberg while confined at the PCCF. He seeks monetary relief in excess of $1,000,000.00.

III. Discussion

The court is statutorily required to review the complaint of a plaintiff proceeding in forma pauperis prior to service of process under 28 U.S.C. § 1915(e). The statute provides, in relevant part, as follows:

(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that -

(A) the allegation of poverty is untrue; or

(B) the action or appeal

(i) is frivolous or malicious;

(ii) fails to state a claim on which relief may ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.