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Sharp v. Hay

October 12, 2007

SHAWN SHARP, PLAINTIFF,
v.
MAGISTRATE JUDGE AMY R. HAY, DEFENDANT.



The opinion of the court was delivered by: Judge Arthur J. Schwab

MEMORANDUM ORDER

For the following reasons, the "complaint" (document no. 2) will be dismissed before service for failure to state a claim upon which relief can be granted pursuant to the screening provisions of the Prison Litigation Reform Act of 1995, or, in the alternative, the "complaint", entitled by Plaintiff as "Alternate Writ of Mandamus Optional Writ" (hereafter "Complaint"), will be dismissed for lack of subject matter jurisdiction.

Shawn Sharp (Plaintiff), currently incarcerated in SCI-Dallas, has filed a civil suit against United States Magistrate Judge Amy Reynolds Hay for actions taken by her in the course of judicial proceedings. Because Magistrate Judge Amy Reynolds Hay is absolutely immune from suit, the Complaint fails to state a claim upon which relief can be granted.

1. Relevant Procedural History

Plaintiff is currently incarcerated in SCI-Dallas. Plaintiff has filed motion to proceed in forma pauperis (IFP), and a declaration in support, which was executed on October 3, 2007, and received by the Clerk's Office on October 10, 2007. Plaintiff was granted IFP status by Order of Court, dated October 11, 2007. Thereafter Plaintiff's Complaint was filed on the same day. In the Complaint, Plaintiff complained of actions taken by Magistrate Judge Amy Reynolds Hay in the case of Shawn Sharp v. Johnson et al., No. 2000 CV 2156 (W.D. Pa.), which is a civil rights suit against state corrections department officials, alleging a violation of Plaintiff's First Amendment rights and rights under the Religious Land Use and Institutionalized Persons Act. That case is scheduled to go to trial on Tuesday, October 16, 2007, before Magistrate Judge Amy Reynolds Hay because the case is before her on consent.

On September 20, 2007, Plaintiff filed in the Johnson case at Dkt. [124], a motion "To Produce Bond and Oath of Office," in which he requested that Magistrate Judge Hay produce to him certified copies of her oath of office and proof of bond. By order dated September 25, 2007, Magistrate Judge Hay denied the Plaintiff's motion to produce bond and oath of office. Johnson, Dkt. [127].

As a consequence thereof, Plaintiff has now filed the instant suit, alleging that Magistrate Judge Hay has failed to supply him with her oath of office and bond. It is not entirely clear the exact nature of what Plaintiff has filed. He does not specifically request money damages. He also refers to "alternate writ of mandamus." To the extent that this is a civil action seeking relief against Magistrate Judge Hay, it may be dismissed pre-service because it fails to state a claim upon which relief can be granted. To the extent that it is a true mandamus petition, it should be dismissed for lack of jurisdiction.

2. PLRA

In the Prison Litigation Reform Act ("PLRA"), Pub. L. No. 104-134, 110 Stat. 1321 (1996), Congress adopted major changes affecting civil rights actions brought by prisoners in an effort to curb the increasing number of frivolous and harassing law suits brought by persons in custody. See Santana v. United States, 98 F.3d 752, 755 (3d Cir. 1996). The PLRA in relevant part added Section 1915A, entitled "Screening," to Title 28 U.S.C. to provide that "[t]he court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity. (b) Grounds for dismissal-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint-- (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." Plaintiff is a prisoner within the meaning of Section 1915A.*fn1 Magistrate Judge Hay, as a member of the judiciary, constitutes "an employee of a governmental entity" within the meaning of the PLRA. See, e.g., Sirbaugh v. Young, 25 Fed.Appx. 266 (6th Cir. 2001).*fn2 Thus, the Court must screen this action pursuant to Section 1915A. Moreover, under Section 1915A, not only is a court permitted to sua sponte dismiss a complaint which fails to state a claim but is required to do so. Nieves v. Dragovich, No. 96-6525, 1997 WL 698490, at *8 (E.D. Pa. Nov. 3, 1997)("Under provisions of the Prison Litigation Reform Act codified at 28 U.S.C. §§ 1915A, 1915(e) and 42 U.S.C. S 1997e(c), the district courts are required, either on the motion of a party or sua sponte, to dismiss any claims made by an inmate that are frivolous or fail to state a claim upon which relief could be granted."), aff'd, 175 F.3d 1011 (3d Cir. 1999)(Table).

In addition, the PLRA significantly amended the statutory provisions with respect to actions brought by prisoners who are proceeding in forma pauperis. The amended version of the statute now reads that "[n]otwithstanding any filing fee, or any portion thereof, that may have been paid [by a prisoner granted IFP status], the court shall dismiss the case at any time if the court determines that-- (A) the allegation of poverty is untrue; or (B) the action or appeal-- (I) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. §1915(e)(2). Here, Plaintiff has been granted IFP status, and is a prisoner within the meaning of 28 U.S.C. §1915.*fn3 Thus, Section 1915(e)(2) is also applicable herein. Moreover, not only is a court permitted to sua sponte dismiss a complaint which fails to state a claim, but it is required to do so by the mandatory language of "the court shall dismiss" utilized by Section 1915(e). See, e.g., Keener v. Pennsylvania Bd. of Probation and Parole, 128 F.3d 143, 145 n.2 (3d Cir. 1997) (describing 28 U.S.C. § 1915(e)(2)(B) as "the PLRA provision mandating sua sponte dismissal of in forma pauperis actions that are frivolous or fail to state a claim."); Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000).

In performing the court's mandated function of sua sponte review of complaints under 28 U.S.C. §§ 1915A & 1915(e) to determine if they fail to state a claim upon which relief can be granted, a federal district court applies the same standard applied to motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). See, e.g., Powell v. Hoover, 956 F. Supp. 564, 568 (M.D. Pa. 1997)(applying Rule 12(b)(6) standard to claim dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii)).

In reviewing complaints as mandated by 28 U.S.C. §§ 1915A & 1915(e) and in applying the standards applicable to a 12(b)(6) motion to dismiss, the complaint must be read in the light most favorable to the plaintiff and all well-pleaded, material allegations of fact in the complaint must be taken as true. See Estelle v. Gamble, 429 U.S. 97 (1976). Furthermore, because Plaintiff is pro se, courts accord an even more liberal reading of the complaint, employing less stringent standards when considering pro se pleadings than when judging the work product of an attorney. Haines v. Kerner, 404 U.S. 519 (1972).

Discussion

A review of the Complaint in light of the above standards reveals that Plaintiff is seeking to hold Magistrate Judge Hay liable for actions taken by her in ...


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