United States District Court, W.D. Michigan, Southern Division
L. MALONEY 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.
is presently incarcerated with the Michigan Department of
Corrections (MDOC) at the Earnest C. Brooks Correctional
Facility, (LRF) in Muskegon Heights, Muskegon County,
Michigan. The events about which he complains occurred at
that facility. In Plaintiff's first amended complaint
(ECF No. 7), Plaintiff sues LRF personnel: Warden Shane
Jackson, Resident Unit Manager K. Brege, Assistant Deputy
Warden/Housing P. Davis, Prison Counselor D. Melton,
Inspector F. Johnson, and Grievance Coordinator T. Pipkins.
alleges that he transferred in to LRF on October 8, 2019. He
was placed in a punitive sanction wing. Plaintiff claims
“my General Population privileges were rescinded for a
period of 18 days, despite me not being on any disciplinary
sanctions.” (Am. Compl., ECF No. 7, PageID.76.)
of letters, Plaintiff asked Inspector F. Johnson to correct
the improper placement. She claims she did not receive the
letters and denied a move.
also sent “kites” to Defendants Davis, Jackson,
Brege, Melton, and Johnson regarding the problem, but none of
Plaintiff was moved to general population on October 26,
2019, Defendants Melton and Brege informed Plaintiff that
everyone starts out on the sanction wing.
October 27, 2019, Plaintiff was taken to segregation after a
weapon was recovered from Plaintiff's area of control.
Even though he was found not guilty with regard to the
weapon, he was released back to a unit on the sanction wing
for 17 and one-half days.
again submitted kites to Melton and Brege. They again told
him that he was not special and that his housing complaints
contends that Defendant Pipkins refused to process grievances
regarding the housing issue and then Pipkins retaliated
against Plaintiff by not processing grievances after
Plaintiff filed a grievance against Pipkins. Defendant
Johnson rejected a grievance as duplicative even though
Plaintiff contends the grievance was not duplicative.
December 10, 2019, defendant Pipkins told Plaintiff
“Since you want to grieve me, you are no longer allowed
to file grievances unless I authorize it. You want to play?
Let's play.” Plaintiff was put on modified
claims that his placement in disciplinary housing without
reason violates due process, equal protection, and the Eighth
Amendment. Plaintiff claims that Pipkins failure to process
grievances was malicious and that Pipkins' placement of
Plaintiff on modified access was retaliatory ...