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Houtsma v. Sawyer

United States District Court, M.D. Florida, Fort Myers Division

February 9, 2018

JOHN GLENN HOUTSMA, Plaintiff,
v.
DONALD SAWYER and CHRISTOPHER CATRON, Defendants.

          OPINION AND ORDER [1]

          SHERIPOLSTERCHAPPELL UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on Plaintiff John Glenn Houtsma's Amended Complaint (Doc. #9) filed on January 4, 2018. Accompanying his Complaint, Plaintiff moved to proceed in forma pauperis. (Doc. #2).

         On December 12, 2017, the Court dismissed Plaintiff's Complaint (Doc. #1) under § 1915 for failure to state a claim. (Doc. #8) but allowed Plaintiff to file an Amended Complaint. Because Plaintiff seeks to proceed in forma pauperis, the Court must review his Amended Complaint to determine whether it is frivolous, malicious, or fails to state a claim upon which relief may be granted. See 28 U.S.C. §§ 1915(e)(2)(B)(i)-(iii). With that standard in mind, the Court will examine Plaintiff's Amended Complaint.

         Plaintiff is an involuntarily committed resident of the Florida Civil Commitment Center (“FCCC”) in Arcadia, Florida. Plaintiff asserts that between March 2015 and May 2016, he had a physical altercation with fellow resident Resverd Forde. (Doc. #9 at 5). Plaintiff claims facility administrators knew that if Plaintiff was placed in the same dormitory with Forde, Forde would assault him. Id.

         Plaintiff and Defendant Forde got into an altercation over Plaintiff's use of the telephone. Id. Plaintiff reported the incident to officers Christopher Catron and Donald Sawyer. Id. Plaintiff wants both Defendants held liable for not providing him a safe and risk- free environment. He asks for compensatory damages of $800.00 for each Defendant and punitive damages of $60, 000.

         STANDARD OF REVIEW

         A federal district court must review a civil complaint filed in forma pauperis and dismiss any such complaint that is frivolous, malicious, or fails to state a claim upon which relief may be granted. 28 U.S.C. § 1915. The mandatory language of 28 U.S.C. § 1915 applies to all proceedings in forma pauperis. Section 1915 provides:

Notwithstanding any filing fee, or any portion thereof, that mayhave been paid, the court shall dismiss the case at any time if the court determines that-
(A) the allegation of poverty is untrue; or
(B) the action or appeal-
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted; or
(iii) seeks monetary relief against a defendant who is immune ...

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