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Holmes v. Allen

United States District Court, D. South Carolina, Charleston Division

November 7, 2014

George Holmes, Plaintiff,
v.
Maj. C.E. Allen, L.T. Grant, and L. T. Jeff Vortisch, Defendants

George Holmes, Plaintiff, Pro se, Beaufort, SC.

For Maj C E Allen, L T Grant, LT Jeff Vortisch, Defendants: Mary Bass Lohr, LEAD ATTORNEY, Howell Gibson and Hughes, Beaufort, SC.

REPORT AND RECOMMENDATION

WALLACE W. DIXON, UNITED STATES MAGISTRATE JUDGE.

This civil rights action pursuant to 42 U.S.C. § 1983[1] brought by a pretrial detainee proceeding pro se and in forma pauperis, is before the undersigned United States Magistrate Judge for a report and recommendation on the Defendants' motion to dismiss under Fed.R.Civ.P. 12(b)(6) or, in the alternative, motion for a more definite statement under Rule 12(e). (Dkt.20) 28 U.S.C. § 636(b)(1), and Local Rule 73.02(B)(2)(d), D.S.C.

The Plaintiff, George Holmes, is housed at the Beaufort County Detention Center (BCDC) awaiting disposition following his arrest on February 4, 2014.[2] He filed the instant action[3] on August 11, 2014, and named Maj C.E. Allen, L.T Grant, and L.T. Jeff Vortisch as Defendants. (Dkt. 1) His complaint is, verbatim,

V. ON: 2-4-2014, Here at Beaufort County Detention Center I Mr. George Holmes, was Place on Suicide watch at 1100 hours in IH2 cell. RE: I was hearing voices of killing myself & thinking that people are out to kill me around 11:23. These are the staffs thats involved: Maj C. E. Allen - L.T. Grant and nurse Lloyd. They force a nother inmate that's already on suicide watch in the cell with me. Now they have Both of us on suicide watch in the same cell. His name: was James Dunking.. I'm scarde for my life here at B.C.D.C. They left both of us in the same cell on Suicide watch over night to kill each other. When they did the cell search they hand cuffed us one at a time. Nothing happen right then but later on that night or morning I got Sexual Rape. I woke up with Blood all on me and butt hole hurting. I don't know if he infected with HIV-AIDS or have any disease that may be transmitted through bodily fluides. He could have kill me or I could have Kill him. I'm fear - Scared for my Life here at Beaufort County Detention (illegible symbol) ON: 3-6-2014, Maj C.E. Allen, and Lt Grant, force me in a cell on Suicide watch with no camer in the cell. ON: 3-25-2014, here at Beaufort County Detention Center on Suicide watch in B-4 with no camner in the cell 4-9-2014, here at B.C.D.C on Suicide watch
Aridgment of civil rights, Abuse Sexual - Violation of my rights
L.T.Vortish, Placing paper to my cell door window of my suicide watch watch cell, While I'm on suicide watch. They refused to let me call my lawyer.
ON: 4-6-2014, they charge me while on suicide watch with a street charge and I got Sexual Abuse - Rape
I'm fear - scared for my Life here at B.C.D.C."
V. RELIEF:
" I'm fear-scared for my Life here at ...

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