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Rayes v. Houston

United States District Court, D. Nebraska

December 9, 2014

RICHARD RAYES, Plaintiff,
v.
ROBERT HOUSTON, MICHAEL KENNEY, LARRY WAYNE, FRANK HOPKINS, DIANE SABATKA-RINE, SAMUAL SHAW, MICHAEL EDISON, and DENNIS BAKEWELL, Defendants.

MEMORANDUM AND ORDER

JOSEPH F. BATAILLON, Senior District Judge.

Plaintiff Richard Rayes ("Plaintiff") filed his Complaint (Filing No. 1) in this matter on August 27, 2014. Thereafter, he filed numerous motions and pleadings supplementing the Complaint. (Filing Nos. 11, 17, 18, 19, 20, 21, 22, 24, 25, 27, and 28.) This court has given Plaintiff leave to proceed in forma pauperis in this matter. (Filing No. 10.) The court now conducts an initial review of the Complaint to determine whether summary dismissal is appropriate under 28 U.S.C. §§ 1915(e)(2) and 1915A.

I. SUMMARY OF COMPLAINT

Plaintiff is incarcerated in the Nebraska State Prison in Lincoln, Nebraska. Plaintiff named eight Defendants in their individual and official capacities in his Complaint and has asked leave to add numerous other Defendants. Defendants and proposed Defendants include employees of the Nebraska Department of Correctional Services ("NDCS") such as prison directors, wardens, law librarians, unit managers, and other NDCS employees.

Plaintiff set forth a litany of unrelated allegations in his Complaint and supplemental pleadings. For example, he complained about conditions of his confinement, such as the lighting in the control unit, the smell of sewer gas, the noise from doors closing on the unit, the lack of programming in the prison, and his having to share a cell. ( See generally Filing Nos. 17, 19, 21, and 25.) In addition, he alleged Defendants, in general, are violating his constitutional rights by:

• requiring him to use a wiggle pen (also known as a safety pen) to draft his pleadings;
• forbidding him from keeping hardbound books in the control unit;
• requiring him to pay ten cents per page for copies;
• forbidding him from purchasing copies of cases, statutes, and administrative regulations;
• requiring him to place clerks of court and other court officers on his family/friends list in order to contact them; and
• taking his medication away from him in the control unit.

( See generally Filing No. 1.)

As relief in this matter, Plaintiff asked for, among other things, court orders requiring Defendants to allow him to place court officers on his confidential calling list, use a fine-point pen in the control unit, keep hardbound books in the control unit, and access a computer from his cell. In addition, Plaintiff asked the court to order Defendants to install computers in the cells, retrofit the doors in the prison so they are quieter, ...


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