United States District Court, E.D. Wisconsin
JOSEPH, UNITED STATES MAGISTRATE JUDGE
Lorenzo Jew, an inmate confined at the Green Bay Correctional
Institution (“GBCI”), filed a pro se
complaint under 42 U.S.C. § 1983 alleging that the
defendants violated his constitutional rights. This matter is
before the court on Jew's motion for leave to proceed
without prepaying the filing fee and for screening of his
court has jurisdiction to resolve Jew's motion to proceed
without prepaying the filing fee and to screen the complaint
in light of Jew's consent to the full jurisdiction of a
magistrate judge and the Wisconsin Department of
Justice's limited consent to the exercise of magistrate
judge jurisdiction as set forth in the Memorandum of
Understanding between the Wisconsin Department of Justice and
Motion for Leave to Proceed without Prepaying the Filing
Prison Litigation Reform Act (PLRA) applies to this case
because Jew was a prisoner when he filed his complaint.
See 28 U.S.C. § 1915(h). The PLRA allows the
court to give a prisoner plaintiff the ability to proceed
with his case without prepaying the civil case filing fee. 28
U.S.C. § 1915(a)(2). When funds exist, the prisoner must
pay an initial partial filing fee. 28 U.S.C. §
1915(b)(1). He must then pay the balance of the $350 filing
fee over time, through deductions from his prisoner account.
August 29, 2019, the court ordered Jew to pay an initial
partial filing fee of $15.12. (ECF No. 8.) Jew paid that fee
on September 23, 2019. The court will grant Jew's motion
for leave to proceed without prepaying the filing fee. He
must pay the remainder of the filing fee over time in the
manner explained at the end of this order.
Screening the Complaint
Federal Screening Standard
the PLRA, the court must screen complaints brought by
prisoners seeking relief from a governmental entity or
officer or employee of a governmental entity. 28 U.S.C.
§ 1915A(a). The court must dismiss a complaint if the
prisoner raises 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. §
determining whether the complaint states a claim, the court
applies the same standard that applies to dismissals under
Federal Rule of Civil Procedure 12(b)(6). See Cesal v.
Moats, 851 F.3d 714, 720 (7th Cir. 2017) (citing
Booker-El v. Superintendent, Ind. State Prison, 668
F.3d 896, 899 (7th Cir. 2012)). To state a claim, a complaint
must include “a short and plain statement of the claim
showing that the pleader is entitled to relief.”
Fed.R.Civ.P. 8(a)(2). The complaint must contain enough
facts, accepted as true, to “state a claim for relief
that is plausible on its face.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell
Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).
“A claim has facial plausibility when the plaintiff
pleads factual content that allows a court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged.” Id. (citing
Twombly, 550 U.S. at 556).
state a claim for relief under 42 U.S.C. § 1983, a
plaintiff must allege that someone deprived him of a right
secured by the Constitution or the laws of the United States,
and that whoever deprived him of this right was acting under
the color of state law. D.S. v. E. Porter Cty. Sch.
Corp., 799 F.3d 793, 798 (7th Cir. 2015) (citing
Buchanan-Moore v. Cty. of Milwaukee, 570 F.3d 824,
827 (7th Cir. 2009)). The court construes pro se
complaints liberally and it holds them to a less stringent
standard than pleadings drafted by lawyers. Cesal,
851 F.3d at 720 (citing Perez v. Fenoglio, 792 F.3d
768, 776 (7th Cir. 2015)).
sues Registered Nurse (“RN”) S. Steven, Daniel
LaVoie, Health Services Unit (“HSU”) Manager Ms.
Lusty, J. Perttu, Complaint Examiner Emily Davidson, Advanced
Practice Nurse Prescriber (“APNP”) Peter, and RN
Jane Doe. All defendants are alleged to be employees of the
GBCI. (ECF No. 1 at 2.)
alleges that he has been trying since April 2019 to get a
“proper diagnosis and medication” for a lip
condition. Id. On April 26, 2019, RN Steven saw Jew
and prescribed him petroleum jelly, but Jew informed Steven
that the jelly did not help. Id. On May 20, 2019,
Jew saw LaVoie, who referred him to dental care. Id.
About a week later, Jew saw RN Jane Doe, who prescribed him
“Bacitracin” ointment. Id. at 2-3. On
June 6, 2019, Jew saw APNP Peter, who prescribed A&D
ointment. Id. A day earlier, on June 5, 2019, Jew
wrote HSU Manager Lusty about his ongoing issues with his
lips. Id. at 3. About a week later, she responded
that he had “seen the doctor[, ] dentist[, ] and most
recently the APNP” and had no infection. Id.
She advised him to continue ...