United States District Court, W.D. Virginia, Roanoke Division
Michael F. Urbanski United States District Judge
Hakim AH, a Virginia inmate proceeding pro se, filed a civil
rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff
names two defendants: Dr. Denise Malone, and Dr. William Lee.
This matter is before the court for screening pursuant to 28
U.S.C. § 1915A. After reviewing the record, the court
dismisses the complaint without prejudice for failing to
state a claim upon which relief may be granted.
alleges the following information in the complaint:
I have written the Mental Health Program Director D.B.
Malone, Psy.D., BCBA numerous inquiries in regards to my
mental health treatment but Dr. Denise Malone constantly
refer[s] the matters to the Mental Health Clinical Supervisor
Dr. William Lee, Ph.D. On the first of April 2015[, ] I
notified Dr. Malone that I was currently off of my
psychotropic medications and expressed that my psychological
state was and still messed up. I requested the attention of
the psychiatrist Dr. McDuffie but I was told by psychologist
Mr. Huff that Dr. McDuffie was off site. Mr. William Lee,
Ph.D. is constantly notified by Dr. Malone when I have a
serious complaint that I feel the institutional psychologist
and Dr. Lee cannot answer. I have currently requested
immediate psychological help due to my mental health symptoms
ha[ve] gotten extremely worse .... I feel my mental health
concerns are not being met by the Mental Health Department
within the Department of Corrections .... [E]veryone of !
those in authority that have the power to help me refuse to
do anything I else besides place me on psychotropic
medication every 90 days to pacify my symptoms for a little
while. But then my symptoms come back even worse than they
were in the beginning when I first started complaining ....
[M]y state of mind is in serious jeopardy due to lack of
proper mental health treatment.
to the complaint are two letters sent to Plaintiff from Dr.
Lee. The first letter, dated April 14, 2015, was in response
to Plaintiffs letters dated April 1 and April 5, 2015. Dr.
Lee recited that Plaintiff complained about, inter
alia, not receiving psychotropic medications after being
transferred to Red Onion State Prison ("ROSP"). Dr.
Lee noted he contacted the Qualified Mental Health
Professionals at ROSP, who explained Plaintiff had been seen
by a psychologist on April 8 and 10, 2015, and that Plaintiff
began receiving his medications again on April 11, 2015.
Based on this information, Dr. Lee advised Plaintiff to
consult with the QMHPs at ROSP because they were in the best
position to help Plaintiff with his mental health issues.
Lee's second letter is dated May 15, 2015, and was in
response to Plaintiffs letter dated May 4, 2015. Dr. Lee
recited that Plaintiff noted that, inter alia, the
prescription medicine was working and Plaintiffs requests for
a transfer were not answered. Dr. Lee inquired with the ROSP
QMHPs, who noted Plaintiff is compliant with his prescription
regime 80% of the time. Dr. Lee encouraged Plaintiff to take
advantage of the treatment resources at ROSP. Dr. Lee again
advised Plaintiff to consult with the QMHPs at ROSP because
they were in the best position to help Plaintiff with his
mental health issues.
court must dismiss an action or claim filed by an inmate if
the court determines that the action or claim is frivolous or
fails to state a claim on which relief may be granted. See 28
U.S.C. §§ 1915(e)(2), 1915A(b)(1); 42 U.S.C. §
1997e(c). The first standard includes claims based upon
"an indisputably meritless legal theory, "
"claims of infringement of a legal interest which
clearly does not exist, " or claims where the
"factual contentions are clearly baseless."
Neitzke v. Williams, 490 U.S. 319, 327 (1989). The
second standard is the familiar standard for a motion to
dismiss under Federal Rule of Civil Procedure 12(b)(6),
accepting a plaintiffs factual allegations as true. A
complaint needs "a short and plain statement of the
claim showing that the pleader is entitled to relief and
sufficient "[fj actual allegations ... to raise a right
to relief above the speculative level" Bell Atl.
Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal
quotation marks omitted). A plaintiffs basis for relief
"requires more than labels and conclusions ... ."
Id. Therefore, a plaintiff must "allege facts
sufficient to state all the elements of [the]
claim." Bass v. E.I. Dupont de Nemours &
Co.. 324 F.3d 761, 765 (4th Cir. 2003).
fails to state a claim upon which relief may be granted.
Plaintiff acknowledges that Dr. Malone referred the letters
to Dr. Lee, and Dr. Lee replied promptly. Nothing in the
letters or the complaint exemplifies defendants'
deliberate indifference to a serious medical condition in
violation of the Eighth Amendment. See, e.g..
Farmer v. Brennan, 511 U.S. 825, 838 (1994);
Estelle v. Gamble. 429 U.S. 97, 104 (1976).
Plaintiff fails to establish how his dissatisfaction with the
medical care at ROSP is attributable to defendants.
Accordingly, the complaint is dismissed for failing to state
a claim upon which relief may be granted.
foregoing reasons, the court dismisses the complaint without
prejudice for failing to state a claim upon which relief may