United States District Court, M.D. Pennsylvania
JOSEPH S. MITCHELL, Plaintiff,
J. SAGE, Chief Psychologist, USP-Lewisburg; KEVIN PIGOS, Doctor-Medical/Clinical Director, USP-Lewisburg; DOCTOR BROWN; DOCTOR ANDREW EDINGER; S. DEES, NREMT-P; HOLZAPLE, Associate Warden; J.E. THOMAS, Warden; JOHN DOES 1-10; FEDERAL BUREAU OF PRISONS; and UNITED STATES, Defendants.
JAMES M. MUNLEY, District Judge.
Before the court for disposition is Magistrate Judge Thomas M. Blewitt's report and recommendation that suggests dismissing portions of plaintiff's complaint. Plaintiff has filed objections to the report and recommendation, and these matters are ripe for disposition.
Plaintiff is a federal inmate currently confined at the United States Penitentiary, Lewisburg in Lewisburg, Pennsylvania (hereinafter "USP-Lewisburg" or "prison"). He filed the instant civil rights and negligence case on May 12, 2014. (Doc. 1, Compl.). Plaintiff complains that his psychotropic medicine, Buproprion, was taken away from him although he suffers from mental health disorders including atypical mood disorder, atypical depressive disorder, borderline personality disorder and bipolar disorder. (Id. at 2-3). He asserts that the prison officials and medical staff at the prison have provided insufficient medical care. He asserts a civil rights cause of action, commonly referred to as a Bivens action, and a negligence cause of action. We deem the negligence cause of action as a cause of action under the Federal Tort Claims Act (hereinafter "FTCA"). Plaintiff seeks $150, 000 in compensatory damages and $95, 000, 000 in punitive damages. (Id. at 5).
The Clerk of Court assigned the case to Magistrate Judge Thomas M. Blewitt for pretrial management. Magistrate Judge Blewitt performed an initial screening of the complaint pursuant to 28 U.S.C § 1915(e)(2). He issued a report and recommendation (hereinafter "R&R") suggesting the following:
1) Plaintiff's request for a specific amount of monetary damages be stricken from the complaint;
2) Plaintiff's claims for damages against defendants in their official capacities be dismissed with prejudice;
3) Defendants Dees, Holzaple, Thomas, the Federal Bureau of Prisons (hereinafter "BOP") and the United States be dismissed with prejudice with regard to the Bivens action;
4) Defendants Brown and Sage be dismissed from the Bivens action without prejudice;
5) Defendant United States be dismissed without prejudice from the Federal Tort Claims Act (hereinafter "FTCA") cause of action;
6) The negligence claims under the FCTA against Defendants Sage, Pigos, Brown, Edinger, Dees, Holzaple, Thomas, John Does 1-10 and the BOP be dismissed with prejudice;
7) Plaintiff's constitutional claim against Defendant's John Does 1-10 be dismissed without prejudice; and
8) Plaintiff's Eighth Amendment Bivens claim regarding denial of medical care against Defendants Pigos and Edinger be permitted to proceed.
(Doc. 12, R&R at 23-24).
Defendant filed objections to the R&R bringing the case to its present posture.
Because the plaintiff brings suit to vindicate his constitutional rights and under the FTCA, we have jurisdiction under 28 U.S.C. § 1331 ("The district courts shall have original jurisdiction of all civil actions arising under ...