District Court, D. Delaware January 21, 2011, Civ. 08-584-SLR (Irwin v. Phelps)

MEMORANDUM OPINION

SUE L. ROBINSON, District Judge.

I. INTRODUCTION

Plaintiff Daniel Irwin (“plaintiff’) is an inmate incarcerated at the Central Violation of Probation Center, Smyrna, Delaware, who proceeds pro se and has been granted leave to .proceed in forma pauper-is. On September 17, 2008, he filed this lawsuit pursuant to 42 U.S.C. § 1983.