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Deberry v. Miner

May 30, 2008

TERRY DEBERRY, PLAINTIFF
v.
JONATHAN C. MINER, WARDEN UNITED STATES PENITENTIARY ALLENWOOD, T.M. SZULANCZYK, ASSISTANT WARDEN; CAPTAIN BLOODWORTH; T. MATTHEWS, SPECIAL INVESTIGATOR; T. DEVANE, LIEUTENANT; MARIE TRGOVAC, PRISON PSYCHOLOGIST; D. KREIBLE, RECREATIONAL STAFF; MR. SMITH, EDUCATION DEPARTMENT; D. SCOTT DODRILL, NORTHEAST REGIONAL OFFICE OF THE UNITED STATES BUREAU OF PRISONS; H. WATTS, ADMINISTRATOR AT CENTRAL OFFICE OF THE UNITED STATES BUREAU OF PRISONS, DEFENDANTS



The opinion of the court was delivered by: Judge Munley

Magistrate Judge Blewitt

MEMORANDUM and ORDER

Before the court for disposition is the report and recommendation of Magistrate Judge Thomas M. Blewitt that recommends the dismissal of this prisoner civil rights action. Plaintiff has filed objections, and the matter is ripe for disposition.

Background

Plaintiff instituted the instant action on November 13, 2007. At the time he filed the complaint, plaintiff was incarcerated at the United States Penitentiary - Allenwood, in White Deer, Pennsylvania. The basis for plaintiff's complaint is that he was improperly placed on the prison's "Pervert Prevalence List" (hereinafter "PPL") by Defendant Marie Trgovac. He asserts that placement on the list put his safety at the prison in jeopardy and was in violation of the prohibition of cruel and unusual punishment found in the Eighth Amendment to the United States Constitution.

In addition to the complaint, plaintiff filed a motion to proceed in forma pauperis and a motion to appoint counsel. Magistrate Judge Blewitt reviewed the complaint pursuant to 28 U.S.C. § 1915. The law provides as follows:

(a) Screening. - The 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. 28 U.S.C. § 1915A. Further, with regard to plaintiffs who seek to proceed in forma pauperis, the law provides:

Notwithstanding any filing fee, or any portion thereof, that may have been paid, 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 ...


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