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May v. Crawford County Court

United States District Court, Western District of Pennsylvania

January 23, 2015

JOHN BENEDICT MAY, Plaintiff
v.
CRAWFORD COUNTY COURT, et al, Defendants.

District Judge Schwab

MEMORANDUM OPINION AND ORDER

SUSAN PARADISE BAXTER UNITED STATES MAGISTRATE JUDGE

Plaintiff has filed a complaint, along with a motion seeking leave to proceed in forma pauperis in this case. As part of the screening process on a motion for in forma pauperis status, the Court must review the complaint. The Prison Litigation Reform Act (“PLRA”) requires a district court to review a complaint in a civil action in which a prisoner is proceeding in forma pauperis or seeks redress against a governmental employee or entitle. See 28 U.S.C. §1915(e)(2); 28 U.S.C. § 1915A. The Court is required to identify cognizable claims and to sua sponte dismiss any claim that is frivolous, malicious, fails to state a claim upon which relief maybe be granted, or seeks momentary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B) and 28 U.S.C. § 1915A(b). This action is subject to sua sponte screening for dismissal under both statutes because Plaintiff is a prisoner seeking to proceed in forma pauperis and seeking redress from the government.

On January 14, 2015, Plaintiff filed the instant civil rights action by way of a handwritten complaint that contains a request for preliminary injunctive relief. As the only Defendants to this action, Plaintiff has named “Crawford County Court” and “Erie County Prison.”

In pertinent part, the complaint reads:

I was denied access to the Erie County Prison Law Library, which is a protected right under the Constitution.
I am being denied proper medical treatment for my hand, which is cruel and unusual punishment.
The warrant I’m being held on was illegally issued by Crawford County. I told to Court since I was indigent I couldn’t afford my fine payments or transportation from Erie to Crawford County.
The Pa Criminal Code states when a Defendant is being held on an out of court warrant that if not immediately transported to the issuing county, the Defendant has a right to a hearing in the county of incarceration. I turned myself in on January 8th, 2015 and as of January 14, 2015, have not been transported or seen a judge.
Erie County Prison has denied me my right to write and file motions on my behalf.
I never received a copy of my bench warrant paperwork from Erie County Jail.
I was illegally charged for contempt of court because contempt of court must be an intentional act by the Defendant to purposely violate a court order. I had no ability to go from my home in Erie to Meadville for court.
I was not allowed to fill out and keep one copy of a ...

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