United States District Court, E.D. Virginia, Richmond Division
R. SPENCER SENIOR U.S. DISTRICT JUDGE.
Eugene Johnson, a Virginia inmate proceeding pro se
and in forma pauperis, filed this 42 U.S.C. §
1983 action. In his Particularized Complaint
("Complaint;' ECF No. 17), Johnson contends that
Defendant Dr. Boakye denied him adequate medical care during
his incarceration in the Riverside Regional Jail
("RRJ"). The matter is before the Court on the
Motion to Dismiss filed by Dr. Boakye. (ECF No. 27.) Despite
the provision of Roseboro v. Garrison, 528 F.2d 309
(4th Cir. 1975) notice, Johnson has not responded. For the
reasons stated below, the Court will GRANT Dr. Boakye's
Motion to Dismiss.
FOR MOTION TO DISMISS
motion to dismiss under Rule 12(b)(6) tests the sufficiency
of a complaint; importantly, it does not resolve contests
surrounding the facts, the merits of a claim, or the
applicability of defenses." Republican Party of N.C.
v. Martin, 980 F.2d 943, 952 (4th Cir. 1992) (citing 5 A
Charles A. Wright & Arthur R. Miller, Federal
Practice and Procedure § 1356 (1990)). In
considering a motion to dismiss for failure to state a claim,
a plaintiffs well-pleaded allegations are taken as true and
the complaint is viewed in the light most favorable to the
plaintiff. Mylan Labs., Inc. v. Matkari, 7 F.3d
1130, 1134 (4th Cir. 1993); see also Martin, 980
F.2d at 952. This principle applies only to factual
allegations, however, and "a court considering a motion
to dismiss can choose to begin by identifying pleadings that,
because they are no more than conclusions, are not entitled
to the assumption of truth." Ashcroft v. Iqbal,
556 U.S. 662, 679 (2009).
Federal Rules of Civil Procedure "require[ ] only 'a
short and plain statement of the claim showing that the
pleader is entitled to relief, ' in order to 'give
the defendant fair notice of what the ... claim is and the
grounds upon which it rests.'" Bell Atl Corp. v.
Twombly, 550 U.S. 544, 555 (2007) (second alteration in
original) (quoting Conley v. Gibson, 355 U.S. 41, 47
(1957)). Plaintiffs cannot satisfy this standard with
complaints containing only "labels and conclusions"
or a "formulaic recitation of the elements of a cause of
action." Id. (citations omitted). Instead, a
plaintiff must allege facts sufficient "to raise a right
to relief above the speculative level, " id.
(citation omitted), stating a claim that is "plausible
on its face, " id. at 570, rather than merely
"conceivable." Id. "A claim has
facial plausibility when the plaintiff pleads factual content
that allows the court to draw the reasonable inference that
the defendant is liable for the misconduct alleged."
Iqbal, 556 U.S. at 678 (citing Bell Atl.
Corp., 550 U.S. at 556). In order for a claim or
complaint to survive dismissal for failure to state a claim,
therefore, the plaintiff must "allege facts sufficient
to state all the elements of [his or] her claim."
Bass v. E.I. DuPont de Nemours & Co., 324 F.3d
761, 765 (4th Cir. 2003) (citing Dickson v.
Microsoft Corp., 309 F.3d 193, 213 (4th Cir.
2002); Iodice v. United States, 289 F.3d 270, 281
(4th Cir. 2002)). Lastly, while the Court liberally construes
pro se complaints, Gordon v. Leeke, 574
F.2d 1147, 1151 (4th Cir. 1978), it does not act as the
inmate's advocate, sua sponte developing
statutory and constitutional claims the inmate failed to
clearly raise on the face of his complaint. See Brock v.
Carroll, 107 F.3d 241, 243 (4th Cir. 1997) (Luttig, J.,
concurring); Beaudett v. City of Hampton, 775 F.2d
1274, 1278 (4th Cir. 1985).
SUMMARY OF ALLEGATIONS
Complaint, Johnson alleges that Dr. Boakye denied him
adequate medical care, in violation of the Eighth Amendment,
with respect to his diabetes. Johnson alleges:
I got here in July of 2014. At the time I got here, Dr.
Boakye was the primary Dr. When I went to chronic care on
12-19-14 it was already past the Dr. protocol as me being a
chronic insulin dependent diabetic because I'm supposed
to be seen every 90 days. When I saw Dr. Stairs he was
confused. It was already 5 months which was 1 month past
protocol. When I spoke to Dr. Stairs, [he] was confused
because he pull my chart up on the computer and it was none
of my blood sugar level readings in the system because the
nurses was putting my readings on these personal papers and
notebooks instead of logging it in the computer like [they
were] supposed to so that Dr. Stairs can adjust my insulin
for my next 90 days chronic care visit.
I got here in July of 2014. I seen Dr. Boakye in August of
2014. But after that I never went back until December 19th
which was a month past due of my 90 days. Dr. Stairs had to
restart me a whole new flow sheet in the computer because he
had nothing to go by. I have my paperwork to show and prove
the facts of this mistake made by him because [he] is
supposed to oversee his staff to make sure that no mistake
are made when it's a life and death situation going on.
That's why it's called chronic care because he
don't know what my blood sugar has been running, high or
low. He did not know anything about my diabetes.
... Dr. Boakye did not follow protocol. I was not seen in 90
days as of procedure....
... Dr. Boakye was my Dr. when I got here. ... He was
supposed to make sure his nurses staff was logging my blood
sugar levels in the computer to be monitored instead of them
putting it down on their own personal books and note pads. My
diabetes cause serious health issues such as mood swings,
loss of limbs such as arms, legs, or feet and swelling in my
feet and hands and kidney failure and also blindness. I was
deprived by Dr. Boakye because he did not make sure that
protocol was followed.
As me being an insulin dependent diabetic, I been going
through so much pain and suffering over 19 years [and] I
should get the medical attention I need by medical staff as
long as I'm incarcerated because I'm supposed to
[have] 24 hour medical due to my health because it's a
permanent health issue I have to deal with the rest of my
life. It was his job as a Dr. physician to make sure I [am]
seen every 90 days not because short of staff or anything
else in that nature.
(Compl. 1-2.) Johnson fails to identify what relief he seeks.