United States District Court, Middle District of Pennsylvania
Submitted this 4th day of November, 2014.
Joel Snider, Plaintiff, Pro se, Waynesburg, PA.
Susan E. Schwab, United
States Magistrate Judge. Judge Brann.
REPORT AND RECOMMENDATION
Susan E. Schwab, United States Magistrate Judge.
The plaintiff, a prisoner proceeding pro se and in forma pauperis, filed an amended complaint. He also filed a motion to preserve elements of his original complaint. Further, he filed a motion for a temporary restraining order. After screening the amended complaint, we recommend that one of the sixteen defendants be dismissed. Because the plaintiff has been granted ample time to file his amended complaint, we also recommend that his motion to preserve elements of his original complaint be denied. We further recommend that the plaintiff's motion for a temporary restraining order be denied.
II. Background and Procedural History.
The plaintiff, Joel Snider, began this action by filing a complaint naming as defendants 68 individuals including Governor Tom Corbett; two judges; the current and a former Attorney General of Pennsylvania; several attorneys and other employees of the Pennsylvania Attorney General's Office; the District Attorney of Union County; a psychiatrist; several Pennsylvania State Police troopers; the Pine Creek Township Police Department; the Warden of the Union County Prison; the Deputy Warden and several other officers and employees of the Snyder County Prison; and the Warden, Deputy Warden, and several other officers and employees of the Clinton County Correctional Facility. Snider set out a plethora of claims in his complaint, which consisted of over 300 numbered paragraphs. The claims related to Snider's criminal prosecution and his confinement at three different correctional facilities.
After screening the complaint and concluding that it failed to comply with Fed.R.Civ.P. 8 and Fed.R.Civ.P. 20, we granted Snider leave to file an amended complaint. Snider sought and was granted numerous extensions of time to file his amended complaint. Finally, on October 23, 2014, more than a year after being granted leave to amend, Snider filed an amended complaint. The amended complaint asserts claims based on events that happened while Snider was a pretrial detainee at the Clinton County Correctional Facility (CCCF), and it names as defendants 15 officials or employees of the CCCF. Prior to Snider being confined at the CCCF, he was confined at the Snyder County Prison, and before that, he was confined at the Union County Prison.  The amended complaint also names as a defendant Doug Shaffer, the Warden of the Union County Prison. Snider alleges that although he was housed at different facility, he was nevertheless in Warden Shaffer's custody during the time of the events complained of in his amended complaint. But, as discussed below, Snider has not alleged facts from which it can reasonably be inferred that Warden Shaffer was personally involved in the events that Snider complains of in his amended complaint. Thus, we recommend that the claims against Warden Shaffer be dismissed. By a separate Order, we have directed the Marshal to serve the amended complaint on the remaining defendants named in the amended complaint.
In addition to filing an amended complaint, Snider also filed a motion to preserve elements of his original complaint. Because Snider had ample time to file his amended complaint and he did not include in his amended complaint the claims that he is now seeking to preserve, we recommend that this motion be denied.
Snider was briefly confined at the State Correctional Institution at Camp Hill. While confined there, he filed a motion for a temporary restraining order and a brief in support of that motion complaining about conditions and events at SCI-Camp Hill. Since Snider is no longer confined at SCI-Camp Hill, as discussed below, his motion for a temporary restraining order should be denied.
III. Screening of Amended Complaint.
A. Screening of In Forma Pauperis Complaints--Standard of ...