Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mays v. Kosinski

Commonwealth Court of Pennsylvania

February 27, 2014

Jeffrey Mays, Petitioner
v.
M. Kosinski; R. Kessler; M. Harlow, D. Varner et al., Respondents

Submitted: January 3, 2014.

Page 946

Court of ORIGINAL JURISDICTION.

Jeffrey Mays, Pro se.

Vincent R. Mazeski, Assistant Counsel, Mechanicsburg, for respondents.

BEFORE: HONORABLE BONNIE BRIGANCE LEADBETTER, Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge.

OPINION

ROCHELLE S. FRIEDMAN, Senior Judge.

Page 947

Before this court in our original jurisdiction are the preliminary objections in the nature of a demurrer filed by the Department of Corrections (DOC)[1] to the petition for review filed, pro se, by Jeffrey Mays seeking mandamus relief. Mays asks this court to order DOC to change his housing classification. We sustain DOC's preliminary objections and dismiss Mays' petition.

Mays is currently incarcerated at the State Correctional Institution at Albion (SCI-Albion). In his petition for review, Mays claims that on February 4, 2013, he sent a letter to Rebecca Kessler, the major at SCI-Albion, complaining of harassment by Melanie Kosinski, the manager of his housing unit. (Pet. for Rev., ¶ 1.) Thereafter, Mays alleges that Kosinski arbitrarily raised his custody level from 3 to 4 and transferred Mays to a new, more-restrictive housing unit on March 20, 2013.[2] ( Id., ¶ ¶ 3, 4.)

On March 26, 2013, Mays filed an administrative complaint in the prison grievance system, alleging that Kosinski increased his custody level in retaliation for his grievance letter. ( Id., ¶ 6.) On April 8, 2013, Kessler denied his grievance.[3] ( Id., ¶ ¶ 6-7.) On April 13, 2013, Mays appealed that review to Michael Harlow, the superintendent at SCI-Albion, who upheld the response.[4] ( Id., ¶ 8.) On May 7, 2013,

Page 948

Mays appealed to Darien Varner, the chief grievance officer, who issued a final decision upholding both responses.[5] ( Id., ¶ ¶ 9-10.)

Having exhausted his administrative remedies, Mays filed a petition for review in this court's original jurisdiction on July 10, 2013. On July 29, 2013, Mays filed an application to amend his petition for review, which this court granted on September 9, 2013. Mays asserts that DOC retaliated against him for lodging his complaint. Mays requests an order ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.