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Caldwell v. Department of Corrections for City of New York

United States District Court, E.D. New York

January 30, 2015

JOHNNY CALDWELL, Plaintiff,
v.
THE DEPARTMENT OF CORRECTIONS FOR THE CITY OF NEW YORK, and WARDEN JAMES PERINO, Defendants

Johnny Caldwell, Plaintiff, Pro se, Fitzgerald, GA.

For Defendants: No appearances.

MEMORANDUM & ORDER

Joanna Seybert, United States District Judge.

On September 10, 2014, then-incarcerated pro se plaintiff Johnny Caldwell (" Plaintiff") filed an in forma pauperis Complaint in this Court pursuant to 42 U.S.C. § 1983 (" Section 1983") against the Department of Corrections for the City of New York (" DOC") and James Perino, Warden (" Warden Perino" and together, " Defendants"), accompanied by an application to proceed in forma pauperis.

Upon review of the declaration in support of the application to proceed in forma pauperis, the Court finds that Plaintiff is qualified to commence this action without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED. However, for the reasons that follow, the Complaint is sua sponte DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § § 1915(e)(2)(B)(ii), 1915A(b) for failure to state a claim for relief.

BACKGROUND[1]

Plaintiff's sparse handwritten Complaint, submitted on a Section 1983 complaint form, alleges, in its entirety:

The plaintiff was housed at E.M.T.C. C-76 which houses convicted inmates for City Sentenced Inmates only! The plaintiff at that time was still a detainee and not a convicted inmate and was never sentenced, and his privilages were taken and not furnished to enjoy everyday Prison life which violated his civil Constitutional Rights to be free from cruel and unusual punishment and also due process of the law. Violations of the 8th Amendment as well as the 14th Amendment which is guaranteed to the plaintiff under the Constitution.[2]

(Compl. at 3.) Based on the foregoing, Plaintiff alleges three causes of action. The First Cause of Action, in its entirety, alleges that:

The plaintiff seeks and demands compensatory damage relief from the defendants, the City of New York who's employee's the Dept of Correction for the City of New York for violating the plaintiff's Constitutional Rights in a serious matter while purporting to act under Color of State Law while causing the plaintiff duress, hardship and the right to everyday prison life and to enjoy certain privileges as a pretrial detainee; In violation of the plaintiff's 8th Amendment to the Constitution. The plaintiff demands Two Hundred Thousand Dollars.

(Compl. at 4.) The Second Cause of Action, in its entirety, alleges that:

The plaintiff demands monetary damages relief from the defendants James Perino Warden of E.M.T.C. (C-76) for mental and emotional distress for being labeled as a sentenced inmate and not enjoying the freedom of everyday prison life and " cruel and unusual punishment" Inflicted under the 8th Amendment of the U.S. Constitution. The plaintiff demands Two Hundred Thousand Dollars.

(Compl. at 5.) Plaintiff's Third Cause of Action alleges that:

The plaintiff seeks punitive damage relief from the defendants for the violations of the U.S. Constitution under the 14th Amendment to enjoy Due Process of Law and the Equal Protection and forced to work and wear a uniform when only sentenced and convicted inmates are forced to wear at E.M.T.C. (C-76) As well As strip search before and after messhall work assignments. Strip Searches that apparently became attached to assignments after hire but subjected to misbehavior Report/loss of privillage, ect. Furthermore, the (C-76) housing is for only sentenced inmates and parole violators (NOT PRE-TRIAL DETAINEES).
The plaintiff was also subjected to work In pestlant conditions, In the C-76 Building Holding Cells that the plaintiff was placed In upon Court returns smelled like urine and defication ...

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