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Mack v. Yost

United States District Court, W.D. Pennsylvania

October 24, 2013

CHARLES MACK, Plaintiff,
v.
JOHN YOST, Warden; TIM KUHN, Associate Warden; JEFF STEVENS, Trust Fund Officer; D. VESLOSKY, Correctional Officer; and DOUG ROBERTS, Correctional Officer, Defendants

Page 640

[Copyrighted Material Omitted]

Page 641

CHARLES MACK, Plaintiff, Pro se, Loretto, PA.

For JOHN YOST, Warden, TIM KUHN, Associate Warden, JEFF STEVENS, Trust Fund Officer, sued in their individual and official capacities, D. VESLOSKY, Correctional Officer, DOUG ROBERTS, Correctional Officer, sued in their individual capacities, Defendants: Jennifer R. Andrade, LEAD ATTORNEY, United States Attorney's Office, Pittsburgh, PA.

OPINION

Page 642

MEMORANDUM AND ORDER OF COURT

KIM R. GIBSON, UNITED STATES DISTRICT JUDGE.

I. SYNOPSIS

This matter comes before the Court on Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment (Doc. No. 36). Plaintiff Charles Mack, a federal inmate at the Federal Correctional Institution in Loretto, Pennsylvania (" FCI Loretto" ), seeks damages resulting from alleged incidents of religious discrimination. Defendants contend, inter alia, that Mack's allegations do not give rise to constitutional or statutory claims and that Mack has failed to exhaust available administrative remedies. For the reasons that follow, Defendants' motion to dismiss will be granted.

II. JURISDICTION AND VENUE

The Court exercises federal subject matter jurisdiction under 28 U.S.C. § § 1331 and 1343. Venue is proper under 28 U.S.C. 1391(b)(2) because a substantial portion of the events or omissions giving rise to the claims occurred in the Western District of Pennsylvania.

III. STATEMENT OF FACTS AND PROCEDURAL HISTORY

Plaintiff Charles Mack was hired to work at the FCI Loretto commissary in May 2009, where he earned about $110 per month. ( See Doc. No. 22, Am. Compl. ¶ ¶ 8, 11). As a commissary employee, Mack stocked shelves, filled inmate commissary orders, and cleaned the work area. ( See id. ΒΆ 9). Mack alleges that, on or about October 2009, Defendant Doug ...


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