UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

KEVIN BEVERLY, #835476,

Plaintiff,

v. CASE NO. 2:14-CV-14422

HONORABLE VICTORIA A. ROBERTS

WILLIS CHAPMAN, et al.,

Defendants.

__________________________________/

OPINION AND ORDER OF SUMMARY DISMISSAL

I. Introduction

The Court has before it Plaintiff Kevin Beverly’s pro se Prisoner Civil Rights Complaint

brought pursuant to 42 U.S.C. § 1983. Plaintiff is a state prisoner currently confined at the Cooper

Street Correctional Facility in Jackson, Michigan. He has been granted leave to proceed without

prepayment of the filing fee for this action. See 28 U.S.C. § 1915(a). In his pleadings, Plaintiff

complains about being placed in administrative segregation for an unidentified period of time while

he was confined at the Detroit Reentry Center in Detroit, Michigan and alleges a violation of his due

process rights. He names Deputy Warden Willis Chapman and Warden Anthony Stewart as the

defendants in this action. He seeks monetary damages and other appropriate relief. For the reasons

stated herein, the Court summarily dismisses the Complaint and concludes that an appeal cannot be

taken in good faith.

II. Discussion

Under the Prison Litigation Reform Act (“PLRA”), the Court is required to sua sponte

dismiss an in forma pauperis complaint before service if it determines that the action is frivolous or

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malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a

defendant who is immune from such relief. 42 U.S.C. § 1997(e)(c); 28 U.S.C. § 1915(e)(2)(B). The

Court is similarly required to dismiss a complaint seeking redress against government entities,

officers, or employees if the action is frivolous or malicious, fails to state a claim upon which relief

may be granted, or seeks monetary relief from a defendant who is immune from such relief. 28

U.S.C. § 1915A. A complaint is frivolous if it lacks an arguable basis in law or in fact. Denton v.

Hernandez, 504 U.S. 25, 31 (1992); Neitzke v. Williams, 490 U.S. 319, 325 (1989).

A pro se civil rights complaint is construed liberally. Haines v. Kerner, 404 U.S. 519,

520-21 (1972). Nonetheless, Federal Rule of Civil Procedure 8(a) requires that a complaint set forth

“a short and plain statement of the claim showing that the pleader is entitled to relief,” as well as “a

demand for the relief sought.” Fed. R. Civ. P. 8(a)(2), (3). The purpose of this rule is to “give the

defendant fair notice of what the claim is and the grounds upon which it rests.” Bell Atlantic Corp.

v. Twombly, 550 U.S. 544, 555 (2007) (citation omitted). While this notice pleading standard does

not require “detailed” factual allegations, it requires more than the bare assertion of legal principles

or conclusions. Twombly, 550 U.S. at 555. Rule 8 “demands more than an unadorned, the

defendant-unlawfully-harmed me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). “A

pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of

action will not do.’” Id. (quoting Twombly, 550 U.S. at 555). “Nor does a complaint suffice if it

tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement.’” Id. (quoting Twombly, 550

U.S. at 557).

To state a civil rights claim under 42 U.S.C. § 1983, a plaintiff must allege that: (1) he or

she was deprived of a right, privilege, or immunity secured by the federal Constitution or laws of

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the United States; and (2) the deprivation was caused by a person acting under color of state law. 

Flagg Bros. v. Brooks, 436 U.S. 149, 155-57 (1978); Harris v. Circleville, 583 F.3d 356, 364 (6th

Cir. 2009). Additionally, a plaintiff must allege that the deprivation of rights was intentional, not

merely negligent. Davidson v. Cannon, 474 U.S. 344, 348 (1986); Daniels v. Williams, 474 U.S.

327, 333-36 (1986).

Plaintiff challenges his placement in administrative segregation for an unidentified period

of time. He seems to assert that this occurred while he was subject to a disciplinary/criminal

investigation which resulted in a parole recision/revocation. A prisoner, however, has no liberty

interest in remaining free of disciplinary or administrative segregation, as such segregation does not

impose an “atypical and significant hardship on the inmate in relation to the ordinary incidents of

prison life.” Sandin v. Conner, 515 U.S. 472, 484 (1995) (30 days in administrative segregation did

not constitute an atypical and significant hardship); Jones v. Baker, 155 F.3d 810, 812-13 (6th Cir.

1998) (21⁄2 years in segregation during riot investigation did not deprive prisoner of liberty interest

without due process); see also Carter v. Tucker, 69 F. App’x 678, 680 (6th Cir. 2003) (loss of

privileges and placement in segregation does not implicate a liberty interest sufficient to invoke the

Due Process Clause). Placement in administrative segregation is a routine discomfort that is “‘part

of the penalty that criminal offenders pay for their offenses against society.’” Hudson v. McMillian,

503 U.S. 1, 9 (1992) (quoting Rhodes v. Chapman, 452 U.S. 337, 347 (1981)). Consequently,

Plaintiff fails to state a claim upon which relief may be granted under 42 U.S.C. § 1983 in his

pleadings. His Complaint must therefore be dismissed.

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III. Conclusion

For the reasons stated, the Court concludes that Plaintiff fails to state a claim upon which

relief may be granted in his pleadings. Accordingly, the Court DISMISSES WITH PREJUDICE

his Prisoner Civil Rights Complaint. The Court further concludes that an appeal from this order

cannot be taken in good faith. 28 U.S.C. § 1915(a)(3); Coppedge v. United States, 369 U.S. 438,

445 (1962).

IT IS SO ORDERED.

S/Victoria A. Roberts

VICTORIA A. ROBERTS

UNITED STATES DISTRICT JUDGE

Dated: December 15, 2014

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