United States District Court, E.D. Wisconsin
WILLIAM E. DUFFIN, U.S. MAGISTRATE JUDGE.
Fidel Mora-Guerra, who is representing himself, filed a
complaint under 42 U.S.C. § 1983 alleging that his
constitutional rights are being violated. He also filed a
motion for leave to proceed without prepayment of the filing
fee. This order resolves that motion and screens his
for Leave to Proceed without Prepayment of the Filing
Prison Litigation Reform Act (PLRA) gives courts discretion
to allow prisoners to proceed with their lawsuits without
prepaying the $350 filing fee as long as they comply with
certain requirements. 28 U.S.C. § 1915. One of those
requirements is that they pay an initial partial filing fee.
On December 1, 2017, the court ordered Mora- Guerra
to pay an initial partial filing fee of $40.41. Mora-Guerra
paid that fee on December 11, 2017. Accordingly, the court
will grant Mora-Guerra's motion to proceed without
prepayment of the filing fee. He must pay the remainder of
the filing fee over time in the manner explained at the end
of this order.
of the Complaint
court is required to screen complaints brought by prisoners
seeking relief against a governmental entity or officer or
employee of a governmental entity. 28 U.S.C. § 1915A(a).
The court must dismiss a complaint or portion thereof if the
prisoner has raised claims that are legally "frivolous
or malicious/' that fail to state a claim upon which
relief may be granted, or that seek monetary relief from a
defendant who is immune from such relief. 28 U.S.C. §
state a cognizable claim under the federal notice pleading
system, a plaintiff is required to provide a "short and
plain statement of the claim showing that [he] is entitled to
relief[.]" Fed.R.Civ.P. 8(a)(2). To state a claim for
relief under 42 U.S.C. § 1983, a plaintiff must allege
that: 1) he was deprived of a right secured by the
Constitution or laws of the United States; and 2) the
deprivation was visited upon him by a person or persons
acting under color of state law. Buchanan-Moore v. County
of Milwaukee, 570 F.3d 824, 827 (7th Cir. 2009) (citing
Kramer v. Village of North Fond du Lac, 384 F.3d
856, 861 (7th Cir. 2004)); see also Gomez v. Toledo,
446 U.S. 635, 640 (1980).
court is obliged to give a plaintiff's pro se
allegations, "however inartfully pleaded/' a liberal
construction. See Erickson v. Pardus, 551 U.S. 89,
94 (2007) (quoting Estelle v. Gamble, 429 U.S. 97,
is currently in Immigration and Customs Enforcement (ICE)
custody at the Kenosha County Detention Center (KCDC). He has
nerve damage in his left arm due to a "traumatic
brachial plexus injury."
his confinement at the KCDC, Mora-Guerra was briefly confined
at the Kenosha County Jail. He alleges that on September 9,
2017, while confined at the jail, he put in a request to see
"medical" and was taken to see the nurse.
Mora-Guerra took a paper from his doctor to show it to the
nurse. When the nurse read the letter, she told Mora-Guerra
that the letter was outdated and denied him medication. He
was unable to sleep due to the pain in his arm.
alleges that on September 22, 2017, defendant CO. John Doe
told him to pack up his things because he was being
transferred to KCDC. The next day he put in a request to see
the doctor because of the pain he was experiencing. Having
received no response, he went on a food strike. Eventually,
he went to a correctional officer and told him that he was
experiencing a lot of pain. After telling Mora-Guerra he
would have to wait for the "medical call" to take
him "there" (presumably to see the nurse), the
correctional officer called the "medical clinic"
and the nurse brought Mora- Guerra two ibuprofen. The
ibuprofen did not relieve his pain and Mora-Guerra still
could not sleep.
next day, despite speaking with Sergeant Simpson (the
supervisor of ICE inmates), Mora-Guerra still did not receive
any medication. He was going on five days without sleep. On
September 24, 2017, Mora-Guerra was again denied medication.
He may have seen defendant NP Josephs, but that is not
entirely clear from the complaint. Mora-Guerra was on the
sixth day of his food strike. He kicked the door of his cell
and told the correctional officer on duty, CO.
Munoz, that he needed medication. Munoz called Sergeant Naef
and Mora-Guerra was sent to segregation for three days. When
Munoz returned to Mora-Guerra's cell, she saw that
Mora-Guerra was on the floor of his cell seizing. A nurse
arrived and two correctional officers helped place a blanket
under Mora-Guerra's head and told him that he had to eat.
He was given a Gatorade; the nurse and Naef told Mora-Guerra
that they would help him. The help "never came."
began eating the next day, September 25, 2017, when a nurse
promised that she would get him medication. Mora-Guerra
alleges that the medication the nurse gave him was "not
strong enough to control the pain." Mora-Guerra begged