Berdine v. Sullivan

DECISION AND ORDER

RANDA, District Judge.

Victor B. Berdine (“Berdine”) is a Wisconsin prisoner incarcerated at a private, out-of-state correctional facility pursuant to Wis.Stat. § 301.21. In this pro se action under 42 U.S.C. § 1983 (“Section 1983”), Berdine maintains that his transfer to the out-of-state facility (his second such transfer) violates due process and constitutes cruel and punishment forbidden by the Eighth Amendment. As explained below, the Court dismisses Berdine’s complaint pursuant to 28 U.S.C. § 1915(e)(2) because it fails to state a claim upon which relief may be granted.

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