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Travis-Bey v. Klopotowski

United States District Court, M.D. Pennsylvania

May 14, 2014

LATIFAH TRAVIS-BEY, and NAREE ABDULLAH, Plaintiffs,
v.
KLOPOTOWSKI, et al., Defendants.

REPORT AND RECOMMENDATION

THOMAS M. BLEWITT, Magistrate Judge.

I. Background.

On December 12, 2012, Plaintiffs, Naree Abdullah, an inmate at SCI-Mahanoy, in Frackville, Pennsylvania[1], along with his wife Latifah Travis-Bey, filed, pro se, this civil rights action pursuant to 42 U.S.C. ยง 1983 in the U.S. District Court for the Eastern District of Pennsylvania. (Doc. 4). Plaintiff Abdullah also filed a Motion to Proceed in forma pauperis. (Doc. 1). On December 14, 2012, the Eastern District issued an Order directing Plaintiff Travis-Bey to pay the filing fee or to file an application to proceed in forma pauperis within ten (10) days of the Order. (Doc. 2). On July 18, 2013, the Eastern District issued another Order, granting Plaintiff Abdullah leave to proceed in forma pauperis, and dismissing Plaintiff Travis-Bey from the action, as she failed to either pay the filing fee or file an application to proceed in forma pauperis within 10 days of the original order. (Doc. 3). Further, the Eastern District ordered that the case be transferred to the District Court for the Middle District of Pennsylvania.[2] (Id.).

Named as Defendants in the Document 4 Complaint are Pennsylvania Department of Corrections Eastern Region Deputy Secretary Klopotowski, Superintendent Kerestes of SCI-Mahanoy, Deputy Superintendent Beggs of SCI-Mahanoy, Deputy Superintendent Tritt of SCI-Mahanoy, Security Captain Datchko of SCI-Mahanoy, Pennsylvania State Trooper Wink, Pennsylvania State Trooper John Doe # 1, SCI-Mahanoy Mail Room Supervisor Brokenshire, Mail Room Inspector Jane Doe # 2, Visitor Search Corrections Officer Jane Doe # 3, Visiting Room Search Corrections Officer John Doe # 4, K9 Search Corrections Officer Hocking, SCI-Mahanoy Hearing Examiner Luquis, SCI-Mahanoy Unit Manager Beringer, SCI-Mahanoy Unit Manager Beck, SCI-Mahanoy Unit Manager Spaide, Chief Hearing Examiner Lewis, SCI-Mahanoy Grievance Coordinator Mikulski, Acting Grievance Coordinator Miller, Chief Grievance Coordinator Varner, and, lastly, the K9 search dog at SCI-Mahanoy, Rylee.

We screened Plaintiff's Complaint and on August 23, 2013, we issued a Report and Recommendation recommending:

(1) Count 1 be dismissed without prejudice.
(2) Count 2 be dismissed without prejudice.
(3) Count 3 be dismissed without prejudice.
(4) Count 4 be dismissed with prejudice.
(5) Defendants Beringer, Beck, Spaide, and Klopotowski be dismissed with prejudice from the case.
(6) Count 5 be dismissed with prejudice.
(7) Count 6 be dismissed with prejudice.

(Doc. 11).

On November 14, 2013, Plaintiff filed an Objection to the Report and Recommendation. (Doc. 17). On March 21, 2014, the Court Ordered that:

1. Magistrate Judge Blewitt's Report and Recommendation is ADOPTED in part and REJECTED in part (ECF No. 11).
2. The defamation claim stated in Count 3 of Plaintiff's Complaint (ECF No. 4) is DISMISSED with prejudice.
3. Defendants Kerestes, Beggs, Tritt, Jane Doe #2, Jane Doe #3, John Doe #1, John Doe #4, K9 Rylee, Sgt. Hocking are DISMISSED from the action with prejudice.
4. Counts 4, 5, 6, and the Conspiracy claim in Count 3 of Plaintiff's Complaint are DISMISSED without prejudice.
5. Counts 1 and 2 of the Complaint are DISMISSED without prejudice.
6. Plaintiff's Motion for Leave to File and Amended Complaint is GRANTED (ECF No. 20). The Plaintiff shall file an amended Complaint within twenty-one (21) days.
7. The case is REMANDED to Magistrate Judge Blewitt for further proceedings ...

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