Timothy D. Wilkins v. D. Smith, et al.

Summary

The court grants Timothy D. Wilkins leave to proceed in forma pauperis but dismisses his original, amended, and second amended complaints for failure to state a federal claim. The court grants leave to file a third amended complaint within 30 days and provides guidance concerning specific allegations, defendant involvement, and medical-care claims under the Eighth Amendment.

Holdings

1. The second amended complaint failed to state a claim upon which relief could be granted because plaintiff's allegations were vague and did not establish how defendants caused a deprivation of federal rights or how each defendant was personally involved.
2. The medical-care allegations did not state a claim because a delay in medical treatment, without more, is insufficient; a prisoner alleging deliberate indifference based on delay must show significant harm and that defendants should have known the delay would cause that harm.
3. Plaintiff was granted thirty days to file a third amended complaint because the deficiencies identified by the court could potentially be corrected through more specific allegations.
4. Plaintiff's request to proceed in forma pauperis was granted, subject to payment of the statutory filing fee through the collection procedures applicable to prisoners.

Questions Presented

1. Whether the second amended prisoner civil-rights complaint stated a claim upon which relief could be granted under 42 U.S.C. § 1983.
2. Whether plaintiff should be granted leave to file a further amended complaint after dismissal for vague and conclusory allegations.
3. Whether plaintiff was entitled to proceed in forma pauperis and subject to collection of the statutory filing fee under 28 U.S.C. § 1915.

Disposition

dismissed