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Escarcega v. Corrections Co. of America

United States District Court, D. New Mexico

November 1, 2018

NATANAEL ESCARCEGA, Plaintiff,
v.
CORRECTIONS COMPANY OF AMERICA (CORE CIVIC) N.M.D.O.C. CENTURIAN L.L.C., and ANY AN ALL WHO ARE EMPLOYED BY THEM, Defendants.

          MEMORANDUM OPINION AND ORDER

         THIS MATTER is before the Court under 28 U.S.C. §§ 1915A and 1915(e)(2)(B) on the Complaint for Violation of Civil Rights filed by Plaintiff Natanael Escarcega on March 13, 2017. (Doc. 1). The Court dismisses the Complaint for failure to state a claim on which relief can be granted.

         Plaintiff Escarcega is incarcerated at Northwest New Mexico Correctional Facility. (Doc. 1 at 6, 11). He is proceeding pro se and in forma pauperis. Escarcega filed his Complaint for Violation of Civil Rights on March 13, 2017. In his Complaint, he makes a number of vague, generalized allegations of constitutional violations:

“1) My constitutional & civil rights were violated by C.C.A. (A private prison) and New Mexico Department of prisons by violating (Depriving me of visits, by having them behind glass) when I passed their state wide shake-down an urinalises
2) C.C.A. Deprive me of my constitutional & civil rights for cruel and unusual punishment by not letting me have access to recreation during this time period.
3) C.C.A. & Department of correctional (N.M.) did in fact mass punish all of us here at N.N.M.C.F. Grants NM by treating all of us as drug-users.
4) C.C.A. did treat us unfairly when 2 of their employees were caught in compromising positions: Mass. punishment Due process violations.
5) C.C.A. violates our constitutional & civil rights by not following policy & procedures described by N.M.D.O.C. concerning grievances: excedera:
6) Substandard training of corrections officers.
7) Denial of adequate medical care: No. confidence in healthcare provider & medical staff: Centurian L.L.C.
8) Substandard meals by Kitchen: Trinity
9) This is an accident waiting to happen.
10) Denial of phones: laundry: legal access: sanitory living conditions.”

(Doc. 1 at 12-13). Escarcega names, as Defendants, Corrections Company of America (Core Civic), Centurian L.L.C., C.C.A.-Core Civic, Corrections Center of America, New Mexico Department of Corrections, Trinity Food Service, B. Judd: Warden, J.. Lopez: Assistant Warden, J. Doman: Chief of Unit Managers, Mr. Soloman: G-Unit Manager, Ms. Woodard: G-Unit Manager, Mr. Aragon: Unit Management, Ms. Willy: G-Unit Management, Dr. Bailey, Dr. I, and all employees of C.C.A., C.C.A-Core Civic, and Centurian L.L.C. (Doc. 1 at 1-3, 13). The allegations of the Complaint do not factually specify any individual conduct by any Defendant or how any conduct by an individual violated Plaintiff Escarcega's constitutional rights.

         1. Standards for ...


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