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Kisor v. Tafoya-Lucero

United States District Court, D. New Mexico

December 10, 2019

T. R. KISOR, Plaintiff,
v.
ALISHA TAFOYA-LUCERO (WARDEN), GARY MARCIAL (DEPUTY WARDEN), FILEMON SANDOVAL (CORRECTION'S OFFICER), AGT ARCHIE MARTINEZ (CORRECTIONS OFFICER), Defendants.

          MEMORANDUM OPINION AND ORDER

          MARTHA VÁZQUEZ, UNITED STATES DISTRICT JUDGE

         THIS MATTER is before the Court sua sponte under 28 U.S.C. § 1915(e)(2)(B) and Rule 12(b)(6) of the Federal Rules of Civil Procedure on the Complaint for Violation of Civil Rights filed on July 13, 2017 by Plaintiff T. R. Kisor. (Doc. 1) (“Complaint”). The Court concludes that the Complaint fails to state a claim on which relief can be granted and dismisses Plaintiff's claims. However, the Court will also grant Plaintiff Kisor leave to file an amended complaint within 60 days of service of this Memorandum Opinion and Order.

         1. Factual and Procedural Background

         Plaintiff Kisor asserts claims under 42 U.S.C. § 1983. (Doc. 1 at 1-3). The claims asserted by Kisor include:

(1) DUE PROCESS; THIS IS CONCERNING THE WRITE UP I'M INCLOSING
(2) EQUAL PROTECTION; TO BE TREATED FAIRLY AND NOT HAVE TO BE AFRAID OF THE C/O'S RETALIATION OF ME AND HARASSMENT FROM THEM
(3) RETALIATION; THE WRITE UP I'M ENCLOSING IS RETALIATION BECAUSE I HAVE A LAWSUIT AGAINST THE C/O THAT WROTE IT I'VE BEEN ASKIGN TO BE MOVED LONG BEFOR HE WROTE ME UP
(4) DENIING ME ACCESS TO THE COURT'S; BY CONFISCATING MY LEGAL BOX WITH MY LAWSUIT'S I HAVE AGAINST THE DEPARTMENT OF CORRECTION'S AND AGAINST C/O FILEMON SANDOVAL. (THE SAME C/O THAT WROTE ME UP) I HAVE 2 CASE'S IN THE U.S. DISTRICT COURT'S THERE CASE NUMBER'S ARE (1) 16-CV-01308-LH-SCY (2) 17-00381-WJ-CG AND I HAVE ONE AGAINST C/O FILEMON SANDOVAL IN THE SUPREME COURT AND THE CASE NUMBER IS (1)S-1-SC-36415. MY LAWSUIT'S ARE MISSING FOR SOME REASON AND NO ONE KNOW'S WHERE THEY ARE. AND REFUSING TO GIVE ME A COPY OF THE CONFISCATION FORM.
(5) THERE IS NO GRIEVANCE PROCEDURE'S BEING FOLLOWED THEY DON'T ANSWER THEM OR INFORMAL'S OR LETTER'S WRITEN TO THE SECRETARY OF CORRECTION'S
(6) CRUEL AND UNUSUAL PUNISHMENT; I FEAR FOR MY LIFE IN THE DEPARTMENT OF CORRECTION'S BECAUSE OF THE LAWSUIT'S I HAVE AGAINST THEM AND FEAR THERE SEGREGATION UNIT AND JUST DISAPPEAR FROM HERE.
(7) CALLOUS AND RECKLESS INDIFFERENCE
(8) EVIL AND MALICE INTENT
(9) MENTAL ANF PHYSICAL ANGUISH
(10) NOT FOLLOWING STATE AND FEDERAL ...

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