Green v. Monroe
Green v. Monroe
Opinion of the Court
This pro se Michigan state prisoner appeals a district court judgment dismissing his civil rights complaint filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34<j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. RApp. P. 34(a).
Seeking monetary damages, Thomas J. Green, an inmate at the Alger Maximum Correctional Facility, filed suit against defendants Nurse Monroe, Corrections Officer Campbell, Corrections Officer Jacobson, Corrections Officer Hall, Corrections Officer Ollila, Corrections Officer Barney,
The magistrate judge concluded that Green failed to state a claim upon which relief can be granted and recommended that the complaint be dismissed pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A(b), and 42 U.S.C. § 1997e. In his report and recommendation, the magistrate judge recommended dismissal because Green failed to file suit against defendants in their individual capacities. The magistrate judge also thoroughly analyzed the claims and set forth in detail why each of the claims failed to state a cognizable constitutional violation under 42 U.S.C. § 1983. Green objected to the magistrate judge’s report and recommendation and moved the district court for amendment of his complaint for the purpose of stating the amount of money he sought to recover and to indicate that he was suing the defendants in their individual capacities. The district court denied Green’s motion to amend and adopted the magistrate judge’s report and recommendation over Green’s objections.
In his timely appeal, Green essentially reasserts the claims set forth in the district court.
Upon review, we conclude that the district court properly dismissed Green’s case for failure to state a claim.
Accordingly, the district court’s judgment is hereby affirmed pursuant to Rule 34(j)(2)(C), Rules of the Sixth Circuit, for the reasons set forth in the magistrate judge’s report and recommendation of September 27, 2001, as adopted by the district court in its judgment of November 1, 2001.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.