ORDER
This former Ohio state prisoner appeals a district court judgment dismissing his complaint filed pursuant to 42 U.S.C. § 1983. This case has been referred to a panel of the court pursuant to Rule 34(j)(1), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).
Seeking monetary damages, Charles Lewis sued the Northeast Ohio Correctional Center (NOCC), former NOCC
In his timely appeal, Lewis reasserts the claims that he set forth in the district court.
This court reviews de novo a judgment dismissing a suit for failure to state a claim upon which relief may be granted under 28 U .S.C. § 1915(e)(2). See McGore v. Wrigglesworth,
Lewis is a diabetic who, on June 15, 1999, refused to leave his cell for “insulin call’ and began to use profanity. Lewis received a disciplinary report as a result of this incident. At a disciplinary hearing on June 23, 1999, Lewis was found guilty of threatening a corrections officer and defying a direct order. On March 5, 2000, Lewis was transferred from NOCC to the Torrance County Detention Center, in Estancia, New Mexico. He claims that he was denied insulin for two days while traveling to New Mexico. He also claims that some of his personal property was lost or damaged in the move, in retaliation for his filing a grievance to challenge his disciplinary conviction of June 23,1999.
Upon review, we conclude that the district court properly dismissed the claims against the former and current wardens of the NOCC because Lewis did not sufficiently allege that the defendants had any direct involvement in the asserted violation of Lewis’s federally protected rights. Such wholly conclusory allegations are insufficient to state a cognizable claim for relief. See Chapman v.. City of Detroit,
The district court also properly dismissed Lewis’s claim that the defendants denied him adequate medical treatment. He claims that he was denied insulin for two days while traveling to New Mexico. Prison authorities may be sued for deliberate indifference to the serious medical needs of the prisoners under the Eighth Amendment as such indifference constitutes the unnecessary and wanton infliction of pain. Estelle v. Gamble,
Moreover, to the extent that Lewis claims that the defendants delayed his medical treatment in retaliation for him filing a grievance, the district court properly dismissed the claim. To state a viable § 1983 claim, a plaintiff must allege that: 1) he was deprived of a right, privilege, or immunity secured by the Federal Constitution or laws of the United States, and 2) the deprivation was caused by a person while acting under color of state law. Flagg Bros. v. Brooks,
The district court properly dismissed Lewis’s claim that the defendants destroyed his personal property in retaliation for his filing a grievance. Lewis claims that some of his personal property was lost or damaged in the move from NOCC to the New Mexico prison facility in retaliation for his filing a grievance to challenge a prison disciplinary conviction. A retaliation claim has three elements: 1) the plaintiff engaged in protected conduct; 2) an adverse action was taken against the plaintiff that would deter a person of ordinary firmness from continuing to engage in that conduct; and 3) there was a causal connection between elements one and two, i.e., the adverse action was motivated, at least in part, by the plaintiff’s protected conduct. Thaddeus-X v. Blatter,
Finally, we conclude that the district court properly dismissed Lewis’s third claim because the claim is not cognizable under § 1983. See Edwards v. Balisok,
Accordingly, the district court’s judgment is affirmed pursuant to Rule 34(j)(2)(C), Rules of the Sixth Circuit.
