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Knowles v. North Dakota Department of Corrections

United States District Court, D. North Dakota

December 31, 2018

Efrain Reyes Knowles, Plaintiff,
v.
North Dakota Department of Corrections, and James River Correctional Center, Defendants.

          ORDER AMENDING CASE CAPTION AND FOR SERVICE ON DEFENDANTS

          CHARLES S. MILLER, JR., MAGISTRATE JUDGE UNITED STATES DISTRICT COURT

         Plaintiff Efrain Reyes Knowles's Amended Complaint is now before the court for an initial review pursuant to 28 U.S.C. § 1915A. For the reasons set forth below, Knowles shall be permitted to proceed with a claim for injunctive relief arising out alleged indifference to a serious medical need.

         I. BACKGROUND

         Knowles is an inmate at the James River Correctional Center (“JRCC”) in Jamestown, North Dakota. He initiated the above-entitled action pro se in February 2018 with the submission of an incomplete “PLRA packet.” (Doc. No. 1). On March 14, 2018, he filed a motion to proceed in forma pauperis, which the undersigned granted, and a Complaint. (Doc. Nos. 3, 4, and 10). On March 23, 2018, he filed notice of his consent to the undersigned's handling of this case. (Doc. No. 9).

         In his Complaint, Knowles named the North Dakota Department of Corrections and Rehabilitation (“NDDOCR”) and the JRCC as defendants. He then went on to assert:

Mi left side intesting And were I process liquid hurts every time I eat and drink water the pain is so painful I feel its gonna failed and its gonna be to late. Please help me. Please don't let me die. Please I beg u.

(Doc. No. 12) (errors in original).[1] In his prayer for relief, he requested $1 billion in damages, access to the best surgeon, and a hearing before the United States Supreme Court with the President of the United States at his side. (Id.).

         On April 15, 2018, Knowles filed a copy of “doctor call notes” to supplement to his Complaint. (Doc. No. 13). The notes, dated November 16, 2017, state that a trace of blood had been detected in Knowles urine and that he would be rechecked in a few weeks. (Id.).

         On April 23, 2018, Knowles filed a second supplement to his Complaint. (Doc. 14). The supplement consists of: (1) a copy of an April 9, 2018 “sick call inmate request” that lists without explanation internal bleeding as the nature of the request; and (2) a handwritten note, dated April 6, 2018, in which Knowles complained to Officer Carpenter that he was experiencing significant side pain and different symptoms. (Id.).

         The court conducted an initial screening of Knowles' Complaint as mandated by 28 U.S.C. § 1915A. On July 5, 2018, it issued an order in which it (1) identified the Complaint's deficiencies, and (2) granted Knowles leave to file an Amended Complaint..

         On July 17, 2018, Knowles filed a Amended Complaint in which he asserts:

I want a Billion 1, 000, 000, 000.00 dollars for all of this process and mistreated in the way I beleave your wrong and they are laws that reinforces me to sue the state . . . . and if not the people who run the facility as well as the Warden's, Director's, Case Managers, Captain's, Leutenets, Seargent, are responsible as well as the medical department state member's. I do not have the names of all of this indidivudals so I please ask the court to ask for the and ID's to identify who they are. I've ask people and supposte the prison is now under a none state instustrie called Rough Rider Industries, who they now run the Comissary and give jobs to inmates, if this land is ownd by the owner of the Industry I also proclaim a compensation form him or her in Jamestown and Bismarck, I've did all proper steps grievance's, inmate request, sick calls, talking iwth state member who am I suppose to sue individuauls or Department of Corrections? I've send a visiting form so we may discuss in peron neighther I got a response from the court.
***
I also request to be rele3ased from this institute with time served as a pardon from the court from Department fo Corrections. This does not dis inolved the matter of the request and the sue wich is a 1, 000, 000, 00.00 billion dollars for this mistreatment of state such as medical and CO's. The charges drop of the sentence being served right now and the money. In the summon it says if they do not respond they will have there entity to serve on the Complaint. wich the original claim was almost the same but is now adding land territorial ownership. Money from individuals if to proceed with the Amendment to be modified ...

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