1A prisoner who is allowed to proceed in forma pauperis in this court will have his complaint screened
in accordance with the provisions of 28 U.S.C. § 1915(e)(2)(B). This screening procedure requires the court
to dismiss a prisoner’s civil action prior to service of process if it determines that the complaint is frivolous,
malicious, fails to state a claim upon which relief may be granted, or seeks monetary damages from a
defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2)(B)(i)-(iii).
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
* CIVIL ACTION NO. 3:05-CV-354-F
LATONYA GARY, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Plaintiff, Otis Gray, is incarcerated in the Opelika City Jail located in Opelika,
Alabama. He filed this 42 U.S.C. § 1983 action on April 15, 2005 complaining that
Defendants violated his constitutional rights because they were negligent during evening
meal service on April 13, 2005. According to the complaint, Plaintiff failed to timely receive
a dinner tray on the date in question because Defendant Gary gave his tray to another inmate.
Plaintiff was offered a dinner tray within thirty minutes of when the conduct about which he
complains occurred but refused to accept it because the food was cold. (Doc. No. 1.)
Upon consideration of the pleadings filed in this case, the court concludes that
dismissal of Plaintiff's complaint prior to service of process is appropriate under 28 U.S.C.
Case 3:05-cv-00354-MEF-CSC Document 3 Filed 04/21/2005 Page 1 of 4
Gray v. Gary et al (INMATE2)
2While the conditions under which a prisoner is held are subject to scrutiny under the Eighth Amendment,
the conditions under which a pretrial detainee is confined are scrutinized under the Due Process Clauses of
the Fifth and Fourteenth Amendmen