Marjan Rroku v. David Cole

Case: 16-31074 Document: 00514367366 Page: 1 Date Filed: 02/28/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-31074 Summary Calendar United States Court of Appeals Fifth Circuit FILED February 28, 2018 MARJAN RROKU, Lyle W. Cayce Clerk Plaintiff - Appellant v. DAVID C. COLE; HENRY WOODS; JOHN HARTNETT, Assistant Field Officer Director on behalf of Immigration & Customs Enforcement, Defendants - Appellees Appeal from the United States District Court for the Western District of Louisiana USDC No. 1:15-CV-294 Before JOLLY, OWEN, and HAYNES, Circuit Judges. PER CURIAM:* Marjan Rroku appeals the district court’s (1) dismissal of his Bivens claims against John Hartnett, Immigration and Customs Enforcement (“ICE”) Assistant Field Officer Director, and David Cole, LaSalle Detention Facility Warden, for failure to state a claim, and (2) dismissal of his complaint against * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. Case: 16-31074 Document: 00514367366 Page: 2 Date Filed: 02/28/2018 No. 16-31074 Dr. Henry Woods 1 for failure to timely serve under Federal Rule of Civil Procedure 4(m). For the reasons explained below, we AFFIRM. I. Background Marjan Rroku is an Albanian citizen currently incarcerated in Albania. While in the United States, Rroku alleges that he was apprehended for an immigration violation and eventually detained for 513 days at LaSalle Detention Facility in Louisiana, an ICE immigration detention facility operated by a private corporation, GEO Group. Following his time at LaSalle, Rroku was deported to Albania. Rroku alleges that, while at LaSalle, he was placed in administrative segregation and subjected to “harsh and dangerous conditions,” including cold, noise, dirt, and nonstop light. He further alleges that, due to the conditions, and improper medical care, he has a “lifethreatening [sic] and irreversible heart condition” that he will have “for the rest of [his] life.” Additionally, Rroku alleges that the special diet he was put on while at LaSalle, consisting of all liquid food, resulted in irreparable stomach damage. On February 11, 2015, Rroku filed a complaint against Hartnett, Cole, and Dr. Woods stating claims under Bivens 2 and attaching, inter alia, personal statements and medical records from his time at LaSalle. The magistrate judge issued a memorandum order stating that the complaint was deficient and gave Rroku thirty days to file properly and included a form to file a complaint under 42 U.S.C. § 1983. Rroku subsequently filed an amended Although the record on appeal indicates that Dr. Woods’s actual name is Dr. Wood, 1 that discrepancy is not critical to our analysis. Thus, for the sake of consistency with the lower court and the case caption, we refer to him as Dr. Woods. 2 Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 2 Case: 16-31074 Document: 00514367366 Page: 3 Date Filed: 02/28/2018 No. 16-31074 complaint under § 1983. 3 The district court determined that the ...

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