Duane Leroy Fox is a lifetime registered sex offender for offences committed against a 14 year old, Fox was 31 at the time. He is currently a male prisoner in North Carolina. He has filed a civil rights action pursuant to 42 U.S.C. sections 1983 which include: motions to amend prior action, motions for a preliminary injunction and motion to amend caption.
His first amended complaint is largely just an elaboration of original claims with additional demands for relief and is granted as a matter of course.
His second amended complaint is noted as rambling and disjointed and does not contain a short and plain statement showing entitlement to relief. It is denied in part and granted in part:
- Seeks to add several new defendants and new demands for injunctive relief. DENIED- fails to specify new defendants’ involvement or how their conduct may have injured him.
- Contends he was retaliated against for identifying as transgender. DENIED-allegations are insufficient.
- Asserts he was verbally harassed because he identifies as transgender. DENIED-verbal harassment and idle threats do not constitute a violation of constitutional rights nor state a claim for relief.
- Seeks to add claims alleging prison officials inappropriately handled prison grievances. DENIED-there is no constitutional right to have or participate in an effective grievance process, additionally an institution’s failure to comply with state grievance procedures does not compromise its inmates’ right of access to courts.
- Asserts that Dr. Clarence Ellis was deliberately indifferent to Fox’s medical needs. GRANTED-claim and demand for relief for alleged indifference added to complaint.
He renewed a previously denied motion requesting injunctive relief, construed as a request for temporary restraining order. Again, motion denied as need for relief was not demonstrated.
He requested his name be amended in the caption of this case from Duane LeRoy Fox to Jennifer Ann Jasmaine. Granted.