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Jones v. N.J. Doc Central Transportation

United States District Court, D. New Jersey

October 11, 2018

ANTONIO JONES, Plaintiff,
v.
NJ DOC CENTRAL TRANSPORTATION, et al, Defendants.

          MEMORANDUM ORDER

          Peter G. Sheridan, U.S.D.J.

         Plaintiff, a prisoner at New Jersey State Prison ("NJSP"), is proceeding, in forma pauperis, with a civil rights complaint filed pursuant to 42 U.S.C. § 1983. (ECF No. 1). He has also moved for the appointment of pro bono counsel. (ECF No. 2). At this time, the Court must review the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) 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 suit. Having completed this screening, the Court shall permit the complaint to proceed in part.

         1. Plaintiff alleges defendants misdiagnosed his injuries and neglected to provide proper care for injuries sustained in a fall from a New Jersey Department of Corrections ("NJDOC") Central Transportation vehicle as well as a brain tumor.

         2. Plaintiff sets forth his medical history beginning in October 2013 with an arm injury at the Ocean County Jail. (ECF No. 1 at 11). Plaintiff received an MRI on March 10, 2014 that showed a pituitary mass. (Id. at 11-12). He was diagnosed with pituitary macroadenoma on May 6, 2014. (Id. at 12).

         3. Plaintiff continued to receive care for his condition at NJSP by Dr. Abu Ahsan. (Id. at 12-13).

         4. Dr. Ahsan saw Plaintiff on February 12, 2015. Plaintiff had been seen the previous day by Dr. Liu, a neurosurgeon at Rutgers. Plaintiff was to return to Dr. Liu on March 11. (Id. at 13-14).

         5. Dr. Ahsan continued to monitor Plaintiffs condition and referred him to physical therapy for his left shoulder on March 11, 2015. (Id. at 14). Plaintiff received a cortisone injection in roughly May 2015. (Id. at 15).

         6. Plaintiff received physical therapy and rotator cuff surgery on his left shoulder on November 23, 2015. (Id.)

         7. Dr. Ashan told Plaintiff that follow-up on his pituitary tumor could now begin as Plaintiffs orthopedic work was completed. (Id. at 16).

         8. On March 9, 2016, Plaintiff fell out of a N JDOC transportation van upon returning from a trip. (Id. at 8).

         9. He reinjured his left shoulder and had to have another surgery on his rotator cuff. (Id.).

         10. Plaintiff alleges Defendants have failed to care for his injuries properly and have yet to remove the pituitary macroadenoma from his brain. He states he suffers from severe headaches and daily neck, back, and shoulder pain. (Id. at 16).

         11. The Prison Litigation Reform Act, Pub. L. No. 104-134, §§ 801-810, 110 Stat. 1321-66 to 1321-77 (April 26, 1996) ("PLRA"), directs district courts to sua sponte dismiss any claim that is frivolous, is malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. This action is subject to sua sponte screening for dismissal under 28 U.S.C. §§ 1915(e)(2)(b) and 1915A because Plaintiff is a prisoner proceeding in forma pauperis and is seeking relief from government employees.

         12. According to the Supreme Court's decision in Ashcroft v. Iqbal, "a pleading that offers 'labels or conclusions' or 'a formulaic recitation of the elements of a cause of action will not do.'" 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly,550 U.S. 544, 555 (2007)). To survive sua sponte screening for failure to state a claim, the complaint must allege "sufficient factual matter" to show that the claim ...


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