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Castillo v. Manfre

United States District Court, M.D. Pennsylvania

May 23, 2018

HECTOR LUIS CASTILLO, Plaintiff
v.
PATTI MANFRE, et al., Defendants

          MEMORANDUM

          Robert D. Mariani United States District Judge

         Plaintiff Hector Luis Castillo ("Plaintiff), an inmate formerly housed at the Monroe County Correctional Facility, in Stroudsburg, Pennsylvania, ("MCCF"), commenced this action pursuant to 42 U.S.C. § 1983. (Doc. 1). The remaining Defendants are Patti Manfre, and Vincent Cardenas.[1] (Id.).

         Presently pending before the Court is Defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 17). Despite being directed to file a brief in opposition to Defendants' motion to dismiss (Doc. 20, ¶ 2), Plaintiff failed to respond to the motion and the time for responding has now passed.[2] In the absence of any timely response by Plaintiff, the motion is deemed ripe for resolution. For the reasons set forth below, the Court will grant the motion to dismiss.

         I. Standard of Review

         A complaint must be dismissed under Fed.R.Civ.P. 12(b)(6), if it does not allege "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The plaintiff must aver "factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009).

         "Though a complaint 'does not need detailed factual allegations, ... a formulaic recitation of the elements of a cause of action will not do.'" DelRio-Mocci v. Connolly Prop. Inc., 672 F.3d 241, 245 (3d Cir. 2012) (citing Twombly, 550 U.S. at 555). In other words, "[f]actual allegations must be enough to raise a right to relief above the speculative level." Covington v. Int'l Ass'n of Approved Basketball Officials, 710 F.3d 114, 118 (3d Cir. 2013) (internal citations and quotation marks omitted). A court "take[s] as true all the factual allegations in the Complaint and the reasonable inferences that can be drawn from those facts, but... disregard[s] legal conclusions and threadbare recitals of the elements of a cause of action, supported by mere conclusory statements." Ethypharm S.A. France v. Abbott Laboratories, 707 F.3d 223, 231, n. 14 (3d Cir. 2013) (internal citations and quotation marks omitted).

         Twombly and Iqbal require [a district court] to take the following three steps to determine the sufficiency of a complaint: First, the court must take note of the elements a plaintiff must plead to state a claim. Second, the court should identify allegations that, because they are no more than conclusions, are not entitled to the assumption of truth. Finally, where there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement for relief. Connelly v. Steel Valley Sch. Dist, 706 F.3d 209, 212 (3d Cir. 2013).

         "[W]here the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged - but it has not show[n] - that the pleader is entitled to relief." Iqbal, 556 U.S. at 679 (internal citations and quotation marks omitted). This "plausibility" determination will be a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id.

         However, even "if a complaint is subject to Rule 12(b)(6) dismissal, a district court must permit a curative amendment unless such an amendment would be inequitable or futile." Phillips v. Cnty. of Allegheny, 515 F.3d 224, 245 (3d Cir. 2008).

[E]ven when plaintiff does not seek leave to amend his complaint after a defendant moves to dismiss it, unless the district court finds that amendment would be inequitable or futile, the court must inform the plaintiff that he or she has leave to amend the complaint within a set period of time.

Id.

         II. Allegations of the Complaint

         Plaintiff alleges that on December 6, 2017, he was "assaulted, discriminated by Monroe County Correctional Facility." (Doc. 1, p. 6). He claims that an unidentified female correctional officer video recorded him without his consent. (Id.). Plaintiff alleges that Defendant Manfre "did not like the way [he] looked at her" after he handed her a request slip, and she ordered Defendant Cardenas to lock down Plaintiff in his cell for twenty-four hours. (Id.). Plaintiff asserts that he is schizophrenic and was traumatized by being locked down in his cell. (Id.). Plaintiff alleges that some of his property was stolen during a cell transfer, and that Defendant Cardenas threw his belongings on the floor of the cell. (Id.). Plaintiff further asserts that he requires a bottom bunk, however the bottom bunk in his cell was occupied. (Id. at pp. 6-7). Defendant Cardenas allegedly provided him with a mattress on the floor. (Id.).

         Plaintiff alleges that other unidentified officers denied his visitation requests while he was in the Restrictive Housing Unit ("RHU"), and other unnamed officers served him non-diabetic food even though he is diabetic. (Id. at p. 7). Plaintiff asserts that he was not provided a cup for drinking, and was forced to drink from a soup bowl. (Id.). Plaintiff avers ...


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