UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

ROOSEVELT LEGGS, ) ) Plaintiff, ) ) v. ) No. 1:23-cv-01718-RLY-MJD ) EMERSON, et al., ) ) Defendants. )

Order Screening Complaint and Directing Further Proceedings Plaintiff Roosevelt Leggs is a prisoner currently incarcerated at Plainfield Correctional Facility ("PCF"). Because the plaintiff is a "prisoner," this Court has an obligation to screen the complaint before service on the defendants. 28 U.S.C. § 1915A(a), (c). I. Screening Standard When screening a complaint, the Court must dismiss any portion that is frivolous or malicious, fails to state a claim for relief, or seeks monetary relief against a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). To determine 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 Schillinger v. Kiley,

(7th Cir. 2020). Under that standard, a complaint must include "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly,

(2007). "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,

(2009). The Court construes pro se complaints liberally and holds them to a "less stringent standard than formal pleadings drafted by lawyers." Cesal v. Moats,

(7th Cir. 2017). II. The Complaint Mr. Leggs sues Warden Emerson, Centurion Health, Inc., and NP Ojo. He alleges that he was living in a cell infested with insects, which caused rashes and other health conditions, and the

defendants failed to respond to his complaints. He also alleges that he has been denied medical care because Centurion has a policy of deliberately understaffing healthcare units. III. Discussion of Claims Applying the screening standard to the factual allegations in the complaint, Mr. Leggs's claims shall proceed against defendants Emerson and Ojo as claims that they were deliberately indifferent to his serious medical needs in violation of his Eighth Amendment rights. Mr. Leggs's claim shall also proceed against defendant Emerson as an Eighth Amendment claim that Emerson subjected him to unconstitutional conditions of confinement. Finally, Mr. Leggs's Eighth Amendment medical care claim shall proceed against Centurion as a claim that Centurion

maintained a policy, practice, or custom that resulted in the denial of medical care. This summary of claims includes all of the viable claims identified by the Court. All other claims have been dismissed. If the plaintiff believes that additional claims were alleged in the complaint, but not identified by the Court, he shall have through May 6, 2024, in which to identify those claims. IV. Service of Process The clerk is directed pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to the defendants in the manner specified by Rule 4(d). Process shall consist of the complaint, dkt [1], applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Order. The clerk is directed to serve the Indiana Department of Correction and Centurion employees electronically. Defendant Ojo is identified as an employee of Centurion. A copy of this Order and the process documents shall also be served on Centurion electronically. Centurion is ORDERED to provide the full name and last known home address of any defendant who does not waive service if they have such information. This information may be provided to the Court informally or may be filed ex parte. Nothing in this Order prohibits the filig of a proper motion pursuant to Rule 12 of the Federal Rules of Civil Procedure. IT IS SO ORDERED.

Date: 4/10/2024 f LCs RICHAR AL. YOUNG, JUDGE United StatesSDxstrict Court Distribution: Southern District of Indiana

ROOSEVELT LEGGS 111388 PLAINFIELD - CF PLAINFIELD CORRECTIONAL FACILITY Inmate Mail/Parcels 727 MOON ROAD PLAINFIELD, IN 46168 Electronic Service to Centurion NP Ojo Electronic Service to the Indiana Department of Correction Warden Emerson Plainfield Correctional Facility