United States District Court, W.D. Louisiana, Lake Charles Division
LEURY MENDEZ-MATOS REG. # 23504-069
UNITED STATES, ET AL.
KATHLEEN KAY UNITED STATES MAGISTRATE JUDGE.
the court is a civil rights complaint [docs. 6, 13] filed
pursuant to Bivens v. Six Unknown Named Agents, 91
S.Ct. 1999 (1971), by plaintiff Leury Mendez-Matos, who is
proceeding pro se and in forma pauperis in this matter.
Mendez-Matos is an inmate in the custody of the Bureau of
Prisons and is currently incarcerated at the Federal
Correctional Institution at Oakdale, Louisiana
(“FCIO”), where the events giving rise to his
claims occurred. This matter has been referred to the
undersigned for review, report, and recommendation in
accordance with 28 U.S.C. § 636 and the standing orders
of this court.
complaint arises from medical care he has received at FCIO.
Specifically, he alleges that he has nodules on his lungs and
kidney and that “[s]taff has told [him that he] has to
have nodule/masses removed.” Doc. 6, p. 3. However, he
asserts, FCIO physician Dr. Joel Alexandre has only provided
him with an inhaler. Id. He also asserts that he was
injured in June 2015 or 2017, resulting in three fractures to
his hand. Id. He alleges that FCIO staff
only supplied a cast for that injury and then removed the
cast even though the injury had not healed properly.
Id. He maintains that he suffers extreme pain from
this injury and can no longer use the affected hand.
Id. He also asserts that he has been treated at a
nearby hospital for his lung and kidney problems, but that
“all they do is give me pills” even though he has
been told he needs surgery. Doc. 13, p. 3. Finally, he claims
that he does not speak English and has not been provided with
an interpreter to help him understand his injury or
treatment. Doc. 6, p. 3.
initiated his suit through a deficient complaint filed in
this court on or about October 16, 2018. Doc. 1. In his
deficient complaint he named only the United States as a
defendant. Through one of his subsequent complaints he also
names Heather Howard, FCIO Health Services Administrator, and
Dr. Joel Alexandre, physician and FCIO clinical director, as
defendants. Doc. 6, pp. 2-3. As relief he seeks monetary
damages. Id. at 4; Doc. 13, p. 4.
has been granted leave to proceed in forma pauperis in this
matter. Accordingly, his complaint is subject to screening
under 28 U.S.C. § 1915(e)(2), which provides for sua
sponte dismissal of the complaint or any portion thereof
if the court determines that it is frivolous or malicious,
fails to state a claim upon which relief may be granted, or
seeks monetary relief against a defendant who is immune from
such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
complaint is frivolous if it lacks an arguable basis in law
or fact. Gonzalez v. Wyatt, 157 F.3d 1016, 1019 (5th
Cir. 1998). A complaint fails to state a claim upon which
relief may be granted if it is clear the plaintiff cannot
prove any set of facts in support of his claim that would
entitle him to relief. Doe v. Dallas Indep. Sch.
Dist., 153 F.3d 211, 215 (5th Cir. 1998). When
determining whether a complaint is frivolous or fails to
state a claim upon which relief may be granted, the court
must accept plaintiff's allegations as true. Horton
v. Cockrell, 70 F.3d 397, 400 (5th Cir. 1995)
(frivolity); Bradley v. Puckett, 157 F.3d at 1025
(failure to state a claim).