United States District Court, Western District of Virginia, Roanoke Division
May 14, 2015
DEZACHTRE R. GOODE, Plaintiff,
COLLINS, et. al., Defendants.
Jackson L. Kiser Senior United States District Judge
Dezachtre R. Goode, a Virginia inmate proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983, naming as defendants Collins, a prison unit manager, and Lt. McCoy, a prison building supervisor. Plaintiff alleges that he told Lt. McCoy that his subordinates had not given Plaintiff a shower and three meals and that, despite Plaintiffs requests, Lt. McCoy would not transfer Plaintiff to another part of the prison.
Plaintiff fails to describe a defendant's deliberate indifference or an atypical or significant hardship in relation to the ordinary incidents of prison life, and he has no constitutional right to be housed in any particular part of a prison. See, e.g., Sandin v. Conner, 515 U.S. 472 (1995); Farmer v. Brennan, 511 U.S. 825 (1994); Meachum v. Fano, 427 U.S. 215 (1976). While the Constitution protects prisoners from cruel and unusual living conditions, an inmate is not entitled to relief because he has been exposed to uncomfortable, restrictive, or inconvenient conditions of confinement. See Henderson v. Virginia, 2007 U.S. Dist. LEXIS 70207, at *26, 2007 WL 2781722, at *7 (W.D. Va. Sept. 21, 2007) (Conrad, J.). Rather, "[t]o the extent that such conditions are restrictive or even harsh, they are part of the penalty that criminal offenders pay for their offenses against society." Rhodes v. Chapman, 452 U.S. 337, 347 (1981). Accordingly, the complaint is dismissed without prejudice for failing to state a claim upon which relief may be granted.