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Edward R. Coss, Jr v. Lackawanna County Prison

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


February 16, 2011

EDWARD R. COSS, JR., PLAINTIFF
v.
LACKAWANNA COUNTY PRISON, ET AL., DEFENDANTS

The opinion of the court was delivered by: William W. Caldwell United States District Judge

Judge Caldwell

Magistrate Judge Blewitt

MEMORANDUM

The pro se plaintiff, Edward Coss, currently an inmate at SCI-Huntingdon, Huntingdon, Pennsylvania, filed this action arising from disciplinary proceedings against him that took place while he was confined at the Lackawanna County Prison, Scranton, Pennsylvania. The magistrate judge has filed a report and recommendation, recommending that the complaint be dismissed for failure to state a claim.

Plaintiff has filed objections to the report. The objections have no merit. We comment briefly on two matters Plaintiff has raised. Citing Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974), Plaintiff asserts that the gravamen of his complaint is the failure of the misconduct form to include a space indicating whether the inmate wanted to call any witnesses. Wolff does not support such a claim*fn1 and Plaintiff cites no other authority for it. Plaintiff also requests leave to amend the complaint. We need not grant leave to amend if amendment would be futile. See Alston v. Parker, 363 F.3d 229, 235 (3d Cir. 2004). The magistrate judge's report establishes that it would be futile.*fn2 Hence, we will simply dismiss the complaint.

We will issue an appropriate order.

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CIVIL NO. 1:CV-10-2462

EDWARD R. COSS, JR., Plaintiff v. LACKAWANNA COUNTY PRISON, et al., Defendants

Magistrate Judge Blewitt

Judge Caldwell

ORDER

AND NOW, this 16th day of February, 2011, upon consideration of the report (doc. 9) of the magistrate judge, filed January 6, 2011, the objections thereto, and upon independent review of the record, it is ordered that:

1. The magistrate judge's report is adopted.

2. Plaintiff's application (doc. 6) to proceed in forma pauperis is granted.

3. Plaintiff's federal claims are dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state claims upon which relief may be granted.

4. Plaintiff's state law claim for intentional infliction of emotional distress is dismissed without prejudice pursuant to 28 U.S.C. § 1367(c)(3).

5. The Clerk of Court shall close this file.

William W. Caldwell United States District Judge


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