United States District Court, W.D. Michigan, Northern Division
J. QUIST UNITED STATES DISTRICT JUDGE.
a civil rights action brought by a state prisoner under 42
U.S.C. § 1983. Under the Prison Litigation Reform Act,
Pub. L. No. 104-134, 110 Stat. 1321 (1996) (PLRA), the Court
is required to dismiss any prisoner action brought under
federal law if the complaint is frivolous, malicious, fails
to state a claim upon which relief can be granted, or seeks
monetary relief from a defendant immune from such relief. 28
U.S.C. §§ 1915(e)(2), 1915A; 42 U.S.C. §
1997e(c). The Court must read Plaintiff's pro se
complaint indulgently, see Haines v. Kerner, 404
U.S. 519, 520 (1972), and accept Plaintiff's allegations
as true, unless they are clearly irrational or wholly
incredible. Denton v. Hernandez, 504 U.S. 25, 33
(1992). Applying these standards, the Court will dismiss
Plaintiff's complaint for failure to state a claim.
Doyle Mims is presently incarcerated with the Michigan
Department of Corrections (MDOC) at the Marquette Branch
Prison (MBP) in Marquette, Michigan. The events about which
he complains occurred, in part, while he was at MBP and, in
part, while he was being transported from one prison facility
to another. Plaintiff sues the following MDOC employees:
Custody Transport Officers (unknown) Stephens and (unknown)
Perry; and MBP Grievance Coordinator G. Caron.
alleges that on April 18, 2019, he was placed on the MDOC
transportation bus at 7:30 in the morning. The bus traveled
to several prisons to pick up inmates. While en route from
the Bellamy Creek Correctional Facility (IBC) to the St.
Louis Correctional Facility (SLF), the bus suddenly
“rocked” and “shook very hard.”
(Compl., ECF No. 1, PageID.3.) There were no seat belts on
the bus, and Plaintiff was thrown around. His head hit the
window and his back slammed against the hardcover seat.
Stephens explained to the bus passengers that the bus had
crashed. Plaintiff asked for “medical attention.”
(Id.) Defendant Stephens allegedly responded that if
Plaintiff and the other inmates “kept asking, ”
Stephens would “drive the bus over the bridge and drown
you fuckers.” (Id.) These comments made
Plaintiff fear for his life, so he “resisted help
bus continued its journey, Plaintiff contends that he
“blanked out” twice and had “sharp”
pains in his head, neck and back. (Id.) When the bus
arrived at SLF, at around 11:00 a.m., Plaintiff again asked
for “medical attention.” (Id.,
PageID.4.) Defendant Perry allegedly told him,
“No.” (Id.) Defendants Perry and
Stephens took some time to take pictures of damage to the
back of the bus, and then the bus and its passengers traveled
to the Chippewa Correctional Facility (URF), where Plaintiff
stayed at URF for several days, where he again asked for
“medical attention.” (Id.) Apparently,
his requests were denied. After five days at URF, Plaintiff
was taken to MBP.
allegedly wrote a grievance on April 23, 2019, and gave it to
an Assistant Residential Unit Supervisor
(ARUS). He received no reply to the grievance.
Plaintiff was seen by medical staff on April 25 or 26.
tried to file his grievance again on April 26, by giving it
to a prisoner counselor, but he received no response. On
April 29, he sent a kite to Grievance Coordinator Caron,
asking why he had not received a response to his grievance.
Plaintiff did not receive a response to this kite.
then asked for a step II grievance appeal form in order to
take his grievance to the next level of the grievance
process. In response, he received a copy of his original
grievance with a note stating that he needed to file it at
sent a kite asking Caron for a step III grievance form
because Plaintiff could not file his grievance at URF, but
Caron allegedly denied Plaintiff's request.
contends that he continues to suffer from headaches and back
pain stemming from the bus accident, but he is not being
given “proper attention.” (Id.,
PageID.5.) He has not been able to see a doctor about these
issues. He also claims that Defendant Caron is ...