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Christopher Falcone v. Dr. C.J. Dooley

January 21, 2011

CHRISTOPHER FALCONE, PLAINTIFF,
v.
DR. C.J. DOOLEY, ET AL., DEFENDANT.



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

NOT FOR PUBLICATION

OPINION

Plaintiff Christopher Faulcone, seeks to bring this action in forma pauperis pursuant to 42 U.S.C. § 1983, alleging violations of his constitutional rights. Based on his affidavit of indigence and the absence of three qualifying dismissals within 28 U.S.C. §1915(g), the Court will grant Plaintiff's application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) and order the Clerk of the Court to file the Complaint.

At this time, the Court must review the Complaint to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who is immune from such relief.

I. BACKGROUND

The following factual allegations are taken from Plaintiff's Complaint and are accepted as true for purposes of this review.

Plaintiff states that upon entering Atlantic County Justice Facility on April 14, 2007 the facility's medical provider administered at PPD test to Plaintiff and as a result of that test Plaintiff was diagnosed as being "Positive 20 MM TO Turberculosis [sic] exposure." Plaintiff also was given a chest x-ray which showed Plaintiff as negative to tuberculosis exposure. Plaintiff was determined to be healthy and permitted to enter the general population of the facility.

Plaintiff states that he was not infected with tuberculosis but that his medical record dated 04/19/07 to 01/15/08 indicates that he was misdiagnosed and administered "a regime of poisonous medication (INH 300 MG)." Plaintiff alleges that he was given one tablet every eight hours for nine months as treatment for tuberculosis even though he was not infected.

Plaintiff has not sought any form of administrative relief for his claims.

II. STANDARDS FOR A SUA SPONTE DISMISSAL

This Court must dismiss, at the earliest practicable time, certain in forma pauperis and prisoner actions that are frivolous, malicious, fail to state a claim, or seek monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2) (in forma pauperis actions); 28 U.S.C. § 1915A (actions in which prisoner seeks redress from a governmental defendant); 42 U.S.C. § 1997e (prisoner actions brought with respect to prison conditions).

In determining the sufficiency of a pro se complaint, the Court must be mindful to construe it liberally in favor of the plaintiff. Haines v. Kerner, 404 U.S. 519, 520-21 (1972); United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992). The Court must "accept as true all of the allegations in the complaint and all reasonable inferences that can be drawn therefrom, and view them in the light most favorable to the plaintiff." Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997).

A complaint is frivolous if it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989) (interpreting the predecessor of § 1915(e)(2), the former § 1915(d)). The standard for evaluating whether a complaint is "frivolous" is an ...


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