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Clyde Lofton v. Sheriff Vincent F. Demarco

November 22, 2011

CLYDE LOFTON, PLAINTIFF,
v.
SHERIFF VINCENT F. DEMARCO, DEFENDANT.



The opinion of the court was delivered by: Seybert, District Judge:

MEMORANDUM AND ORDER

On October 19, 2011, incarcerated pro se plaintiff Clyde Lofton ("Plaintiff") filed a complaint pursuant to 42 U.S.C. § 1983 ("Section 1983") against defendant Sheriff Vincent F. DeMarco ("Defendant"), along with an application to proceed in forma pauperis. Upon review of Plaintiff's application to proceed in forma pauperis, the Court finds that Plaintiff's financial status qualifies him to commence this action without prepayment of the filing fee. Accordingly, the application to proceed in forma pauperis is granted pursuant to 28 U.S.C. § 1915. However, for the reasons that follow, the Complaint is sua sponte dismissed with leave to file an Amended Complaint within thirty (30) days as detailed below.

THE COMPLAINT

Plaintiff, an inmate at the Suffolk County Correctional Facility, filed a brief handwritten Complaint submitted on the Court's civil rights complaint form. Plaintiff claims:

(1) Damage of feet from County issued sneakers

(2) Small quantity, poor quality, cold dinners, lack of hot breakfast meals (3)

Exposure to black mold toxins (4) Drinking and showering in rusty water (5) The constant fear of rats and spiders (6) The delay of mail for weeks or not at all especially legal mail (7)

Pain from sleeping on thin matresses [sic] with no pillows (8) Lack of heat and suffering through extreme coldness (9) The constant stress and fear we live under of retaliation from filing grievances or any complaint most recently we've been denied afternoon recreation which is among the usual punishment for complaints. (Comp. at ¶IV). The section of the Complaint form that calls for a description of any claimed injuries, any medical treatment required and whether such medical treatment was received is blank. (Compl. at ¶IV.A). Notwithstanding the fact that Plaintiff does not allege any injury, he seeks five hundred million ($500,000,000.00) dollars in monetary relief. (Comp. at ¶V). Further, Plaintiff requests:

Injunctive relief; to wear personal sneakers and order new ones, to get thicker mattresses and pillows; fix the heat and issue two extra plankets [sic] until heat is fixed, exterminate rats and spiders; fix backed up toilets and shower drains, remove rust from water and install water filters on shower and purifiers for faucets, increase meal portions, quality and variety, such as the officers mess hall food, include hot breakfast meals especially for the winter. (Id.)

DISCUSSION

I. In Forma Pauperis Application

Upon review of the Plaintiff's application, the Court

finds that Plaintiff's financial status qualifies him to commence this action without prepayment of the $350.00 filing fee. See 28 U.S.C. ยงยง 1914(a), 1915(a)(1). Accordingly, Plaintiff's ...


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