United States District Court, W.D. Louisiana, Shreveport Division
REPORT AND RECOMMENDATION
MARK L. HORNSBY, Magistrate Judge.
In accordance with the standing order of this court, this matter was referred to the undersigned Magistrate Judge for review, report and recommendation.
STATEMENT OF CLAIM
Before the court is a civil rights complaint filed in forma pauperis by pro se plaintiff Jessie Ray Williams ("Plaintiff"), pursuant to 42 U.S.C. § 1983. This complaint was received and filed in this court on October 17, 2012. Plaintiff is incarcerated at the FCI in Forrest City, Arkansas, but claims his civil rights were violated by prison officials while incarcerated in the Bossier Medium Security Facility in Plain Dealing, Louisiana. Plaintiff names Warden Stokes, Deputy Wooten, Sgt. Barnett, and Deputy Jason Whiter as defendants.
Plaintiff claims that on March 15, 2012, Deputy Wooten gave him another inmate's medication. He claims his was given the pain medication Neurontin instead of his hypertension medication Metoprolol. He claims he had to be transported to the hospital, because the medication caused him to suffer blackouts, chest pain, dizziness, and weakness. He claims the pain medication had an adverse reaction with the medication he was already taking. He claims he was released from the hospital on March 20, 2012. He claims he continued to suffer from chest pain, blackouts, dizziness, and weakness and received no medical attention.
Plaintiff claims that on March 15, 2012, April 17, 2012, and January 17, 2013, Nurse Jessica prevented him from seeing Dr. Robertson. He claims that on each of these dates, he blacked out. He claims Nurse Jessica performed the initial triage and Dr. Robertson ordered treatment for a heart attack. He claims he was not given medication.
Plaintiff admits that on March 18, 2012 and March 28, 2012, he received medical treatment at LSU Medical Center. He claims that on March 18, 2012, he was hospitalized for two days and on March 28, 2012, he was hospitalized for five days. He claims he received tests, IV's and rest.
Plaintiff admits that between March 15, 2012 and January 17, 2013, he was seen by at least six medical doctors and two registered nurses. He admits he was examined and received some treatment. He complains that his problems still exist.
Plaintiff claims he was not treated for medication poisoning. He claims he lives in constant fear of having a heart attack or blacking out. He claims he suffers from weakness, dizziness, and pain.
Plaintiff claims Sgt. Whiter rejected his first grievance as improperly filed. He claims that on March 28, 2012, he gave Sgt. Whiter a grievance that appealed the rejection of his first grievance. He claims Sgt. Whiter threw this grievance into the trash. He claims Sgt. Whiter verbally berated and belittled him.
Accordingly, Plaintiff seeks monetary compensation and medical treatment.
For the following reasons, Plaintiff's complaint should be dismissed with prejudice as frivolous.
LAW AND ...