MURPHY v. LINCOLN

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JOSHUA W. MURPHY, ) ) Plaintiff, ) ) v. ) No. 2:20-cv-00475-JPH-MJD ) M. LINCOLN, ) JARRY ANDERSEON, ) K. GILMORE, ) ) Defendants. ) ENTRY SCREENING COMPLAINT AND DIRECTING ISSUANCE OF PROCESS The plaintiff, Joshua Murphy, is currently an inmate at Wabash Valley Correctional Facility ("WVCF"). Because Mr. Murphy is a "prisoner" as defined by 28 U.S.C. § 1915A(c), this Court has an obligation under 28 U.S.C. § 1915A(a) to screen his complaint.

I. Screening Standard Pursuant to 28 U.S.C. § 1915A(b), the Court must dismiss the complaint if it is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. In determining whether the complaint states a claim, the Court applies the same standard as when addressing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). See Cesal v. Moats, 851 F.3d 714, 720 (7th Cir. 2017). To survive dismissal, [the] complaint must contain sufficient factual matter, accepted as true, to state a claim for relief that is plausible on its face. 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.

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Pro se complaints such as that filed by Mr. Murphy are construed liberally and held to a less stringent standard than formal pleadings drafted by lawyers. Cesal, 851 F.3d at 720 (citing Perez v. Fenoglio, 792 F.3d 768, 776 (7th Cir. 2015)).

II. The Complaint Mr. Murphy names the following WVCF defendants in his complaint: (1) M. Lincoln, programs director; (2) Jarry Anderson, Islamic chaplain, and (3) Kevin Gilmore, Warden. Dkt. 1.

Mr. Murphy states that he is a Sunni Muslim and follows the "Figh of the late great Imam Abuu Hanafi." Id. at 2. He alleges that he is being forced to follow rules of Islam that his sect does not follow. Id. He claims that Jarry Anderson does not follow a Figh, and he is the Indiana Department of Correction's major source on Islamic knowledge. Id. at 4. Kevin Gilmore and M. Lincoln, he alleges, make him follow the rules of another Islamic sect. Id. Mr. Murphy contends that these actions by the defendants stop him from practicing his religion. Id. Mr. Murphy wants all Islamic Fighs to be respected and seeks monetary damages. Id. at 5.

III. Discussion of Claims Mr. Murphy alleges that the defendants have "[r]obbed him of [his] First Amendment" under the Free Exercise Clause and Establishment Clause and the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. § 2000cc et seq., 2000cc-1. Id. at 2. Between the two, "RLUIPA provides greater protection" to inmates. Holt v. Hobbs, 574 U.S. 352, 135 S. Ct. 853, 862 (2015).

Mr. Murphy's First Amendment claim shall proceed against all defendants. Mr. Murphy identifies RLUIPA as another basis for his claims – and this claim shall proceed against all defendants.

IV. Issuance and Service of Process The clerk is directed to issue process to defendants (1) M. Lincoln; (2) Jarry Anderson; and (3) Kevin Gilmore in the manner specified by Federal Rule of Civil Procedure 4(d). Process shall consist of the complaint (docket 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The clerk is directed to serve the IDOC employees electronically.

V. Conclusion The claims identified in Part III include all the viable claims identified by the Court. If Mr. Murphy believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through February 12, 2021, to identify those claims.

The clerk is directed to issue service of process to defendants in the manner specified in Part IV.

SO ORDERED.

Date: 1/12/2021 S\amnu Patruck lbanlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: JOSHUA W. MURPHY 149291 WABASH VALLEY - CF WABASH VALLEY CORRECTIONAL FACILITY - Inmate Mail/Parcels 6908 S. Old US Hwy 41 P.O. Box 1111 CARLISLE, IN 47838 Electronic service to Indiana Department of Correction: M. Lincoln Jarry Anderson Kevin Gilmore