Graves v. North Dakota State Penitentiary

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

HOVLAND, Chief Judge.

Before the Court is the Defendant’s Motion to Dismiss filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure on May 25, 2004.

I. BACKGROUND

The plaintiff, Anthony Wyatt Graves (Graves), is an inmate at the North Dakota State Penitentiary in Bismarck, North Dakota. In February 2004, Graves lodged a complaint with the Court pursuant to 42 U.S.C. § 1983. The complaint alleged the following:

On Sept. 9, 2003 I went to infirmary for my daily diabetic shot of insulin. Guard Anthony Edlund was laughing at his desk and…