Ryricka Custis v. Keith Davis

GREGORY, Chief Judge:

Ryricka Custis was an inmate at Sussex I State Prison. Because he is missing toes on his right foot, the Virginia Department of Corrections medical staff required that Custis be assigned to a bottom bunk in a bottom-tier cell. He originally received a compliant bunk assignment, but was later temporarily moved to an upper-tier cell. He fell and injured himself while ascending the stairs to his upper-tier cell.

Custis pursued his prison’s administrative grievance process, and then filed suit. The district court sua sponte dismissed Custis’s complaint on the ground that he…