Neal v. Lovett, 23-1033

• Court: United States Courts of Appeals. United States Court of Appeals (10th Circuit)
• Writing for the Court: Bobby R. Baldock, Circuit Judge
• Parties: DENARD DARNELL NEAL, Plaintiff - Appellant, v. LOVETT, Warden; M. STARR, Warden; DEANTON, Associate Warden; BOULWARE, Associate Warden; ALTIZER, Associate Warden; LEWIS, Captain; BOYER, Facility Supervisor; PINO, Mailroom Supervisor; MICHAEL HAGANS, Mailroom Staff; DUBOSE, Unit Manager; TAYLOR, Unit Manager; BACA, Case Manager; MARQUES, Case Manager; CLEMENTI, Counselor; MANN, Counselor; LINDGREN, Health Services Administrator; KETTLES, Chaplain; BISHOP, Chaplain; POTTER, Custody Staff; MCMICHAELS, Custody Staff; CASTRO, Custody Staff; HERNANDEZ, Custody Staff; HILT, Custody Staff; VEGA, Custody Staff; SOLIS, Unit Secretary; LUJUAN, Trust Fund Supervisor, Defendants - Appellees.
• Docket Number: 23-1033
• Decision Date: 23 May 2023

1

DENARD DARNELL NEAL, Plaintiff - Appellant,
v.
LOVETT, Warden; M. STARR, Warden; DEANTON, Associate Warden; BOULWARE, Associate Warden; ALTIZER, Associate Warden; LEWIS, Captain; BOYER, Facility Supervisor; PINO, Mailroom Supervisor; MICHAEL HAGANS, Mailroom Staff; DUBOSE, Unit Manager; TAYLOR, Unit Manager; BACA, Case Manager; MARQUES, Case Manager; CLEMENTI, Counselor; MANN, Counselor; LINDGREN, Health Services Administrator; KETTLES, Chaplain; BISHOP, Chaplain; POTTER, Custody Staff; MCMICHAELS, Custody Staff; CASTRO, Custody Staff; HERNANDEZ, Custody Staff; HILT, Custody Staff; VEGA, Custody Staff; SOLIS, Unit Secretary; LUJUAN, Trust Fund Supervisor, Defendants - Appellees.

No. 23-1033

United States Court of Appeals, Tenth Circuit

May 23, 2023

(D.C. No. 1:22-CV-01210-LTB-GPG) (D. Colo.)

Before PHILLIPS, BALDOCK, and ROSSMAN, Circuit Judges. ^[**]

ORDER AND JUDGMENT ^[*]

Bobby R. Baldock, Circuit Judge

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Plaintiff Denard Darnell Neal, an inmate at the United States Penitentiary in Florence, Colorado, appearing pro se, appeals the district court's dismissal of his Second Amended Complaint (SAC) without prejudice for failure to comply with Federal Rule of Civil Procedure 8(a)(2) (requiring "a short and plain statement of the claim showing that the pleader is entitled to relief"). Plaintiff brought his SAC pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), against 26 named Defendants. Defendant's SAC purports to allege claims under the First, Fourth, Fifth, Sixth, and Eighth Amendments to the United States Constitution for (1) "abuse of authority / creation of illegal control unit," (2) "theft of personal property to obstruct justice," (3) "intentional mail theft from authorized mail depository," (4) "denial of medical treatment," (5) "denial of religious beliefs," (6) "falsification of custody classification forms to deny Plaintiff a lower custody placement," (7) "inadequate living quarters," (8) "illegal phone sanction by custody staff," (9) "intentional breach of trust concerning the inmate trust fund to prevent court litigation," (10) "intentional denial of access to the law library," (11) "barbaric inhumane dangerous living conditions," (12) "theft of legal documents," (13) "refusal to provide administrative remedies," and (14) "acts of retaliation." Upon referral, a United States Magistrate

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Judge (MJ) reviewed the complaint pursuant to D.C. Colo. L. Civ. R....