White v. Caruso

Type

Opinion of the Court

Author

Alice Moore Batchelder

Filed

April 12, 2002

Case

White v. Caruso

Case status

Decided

The first passage of the document, as extracted by the source provider.

BATCHELDER, Circuit Judge. Plaintiff-Appellant Winfred White, proceeding pro se and in forma pauperis, appeals the order of the district court dismissing, pursuant to 28 U.S.C. §§ 1915 (e)(2) and 1915A, and 42 U.S.C. § 1997e(c), White’s 42 U.S.C. § 1983 action against various officials of the Miehigan Department of Corrections, including defendant-appellee Patricia Caruso, the warden of the facility in which White is incarcerated. Because we conclude that it is apparent from the face of White’s complaint that he cannot state a claim with an arguable basis in law, we will affirm the judgment of the district court. White, who does not smoke, was incarcerated at the Chippewa Correctional Facility in Michigan. While incarcerated at Chippewa, White filed numerous complaints and grievances alleging prisoner smoking infractions, 1 claiming, for example, that he was “forced to live in an environment where other people are smoking” and leaving cigarette butts everywhere in violation of “Executive Order 1992-3.” White’s various complaints and grievances repeated that his exposure to second hand smoke was the result of the prison officials’ failure to enforce the prison’s regulations and poli…

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