United States District Court, D. New Jersey
G. Sheridan, U.S.D.J.
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
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.
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).
Plaintiff continued to receive care for his condition at NJSP
by Dr. Abu Ahsan. (Id. at 12-13).
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.
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).
Plaintiff received physical therapy and rotator cuff surgery
on his left shoulder on November 23, 2015. (Id.)
Ashan told Plaintiff that follow-up on his pituitary tumor
could now begin as Plaintiffs orthopedic work was completed.
(Id. at 16).
March 9, 2016, Plaintiff fell out of a N JDOC transportation
van upon returning from a trip. (Id. at 8).
reinjured his left shoulder and had to have another surgery
on his rotator cuff. (Id.).
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).
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
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 ...