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Trimble v. Beaver County Domestic Relations

United States District Court, W.D. Pennsylvania

February 25, 2015

MR. TIMOTHY E. TRIMBLE Plaintiff,
v.
BEAVER COUNTY DOMESTIC RELATIONS Defendant.

REPORT AND RECOMMENDATION

LISA PUPO LENIHAN, Magistrate Judge.

I. RECOMMENDATION

It is respectfully recommended that Plaintiffs Complaint (ECF No.2) be dismissed without prejudice, and that Plaintiff be granted leave to file an amended complaint. If the Plaintiff fails to file an amended complaint by the date ordered by the District Judge, this Court will recommend that Plaintiffs Complaint be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B) (ii) & (iii) for failure to state a claim upon which reliefmay be granted, and because it seeks monetary relief against a defendant who is immune from such relief.

II. REPORT

A. Facts

Plaintiff Timothy E. Trimble ("Plaintiff' or "Trimble"), proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983 against Defendant Beaver County Domestic Relations ("Defendant"). Plaintiff avers that Defendant is a "subdivision of the unified court system as defined by Pennsylvania statute and rules, " having its principal place of business at the Beaver County Courthouse. (ECF No.2 at ¶ 4.)

Plaintiff commenced this action by filing a motion to proceed in forma pauperis on February 11, 2015, which was subsequently granted on February 17, 2015. Because of the early stage of this litigation, service on Defendant has not yet been effectuated.

Plaintiffs avers only that Defendant "misapplied the Pennsylvania Rules of Civil Procedure causing manifest injustice and/or manifest error." (ECF No. 2 at¶ 7.) Plaintiff continues that because of this misapplication, he was "deprived of the right to petition a court of competent jurisdiction" which violated his First and Fourteenth Amendment rights to the United States and Pennsylvania Constitutions. (ECF No.2 at p.3.)

Plaintiff requests the following relief:

1. Order the appropriate law enforcement file criminal charges against the defendant.
2. Order the defendants to pay a sum equal to the amount garnished illegally from plaintiff.
3. Order punitive damages equal to the sum of all illegally garnished income to the plaintiff that has been taken from all litigants in Beaver County.
4. Any other measure the court deems ...

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