United States District Court, M.D. Pennsylvania
RICHARD P. CONABOY UNITED STATES DISTRICT JUDGE
Pittman initiated this pro se civil rights action
pursuant to 42 U.S.C. § 1983 while confined at the State
Correctional Institution, Houtzdale, Pennsylvania
(SCI-Houtzdale)- Plaintiff's action is accompanied by
an in forma pauperis application. For the reasons
outlined below this matter will be dismissed without
prejudice pursuant to 28 U.S.C. § 1915(g).
as Defendants are President Donald Trump, Attorney General
Jeff Sessions, the American Correctional Association, and
multiple correctional officers at Plaintiff's former
place of confinement the Mahanoy State Correctional
Institution, Frackville, Pennsylvania
(SCI-Mahanoy). Plaintiff alleges that he was subjected to
unconstitutional conditions of confinement and excessive
force while confined at SCI-Mahanoy on November 10, 2015.
Specifically, Plaintiff states that on November 10, 2015 he
initiated a protest in a prison dining room regarding the
quality of food being served to the inmate population.
Pittman admits that after refusing a correctional
officer's repeated orders to leave the area an
altercation ensued between the prisoner and correctional
staff. Plaintiff asserts that after being restrained on the
floor he was subjected to unwarranted physical abuse.
Following the incident, Plaintiff claims that he was unjustly
placed in solitary confinement for a period of approximately
six (6) weeks which led to deterioration of his mental
health. Finally, it is noted that the Complaint is
dated March 7, 2017. See Doc. 1, p. 23.
U.S.C. § 1915(g) provides that a federal civil action by
a prisoner proceeding in forma pauperis is barred if
he or she:
has, on 3 or more prior occasions, while incarcerated or
detained in any facility, brought an action or appeal in a
court of the United States that was dismissed on the grounds
that it is frivolous, malicious, or fails to state a claim
upon which relief may be granted, unless the prisoner is
under imminent danger of serious physical injury.
incarcerated, Plaintiff previously initiated the following
civil actions which were dismissed as frivolous: Pittman
v. Martin, et al.. Civil No. 13-5632, 2013 WL 5763250
(E.D. Pa. Oct. 24, 2013)(sua sponte dismissal under
28 U.S.C. § 1915(e); Pittman v. Pennsylvania General
Assembly, et al.. Civil No. 14-7022 (E. D. Pa. Dec. 22,
2014) (sua sponte dismissal under § 1915(e) (2)
(B)(i); and Pittman v. President Clinton, et
al. No. 3:15-1793, 2015 WL 6406793 (M.D. Pa. Oct. 21,
2015) (dismissal by this Court on grounds that § 1983
complaint was frivolous). The dismissal of that action was
likewise affirmed by the Third Circuit Court of Appeals.
See Pittman v. President Clinton, et al.,
No. 16-3655, 2017 WL 383368 (3d Cir. 2017)
determination of the applicability of § 1915(g) to the
pending action is bolstered by Plaintiff s own admission in
his pending complaint that he has accumulated three strikes.
See Doc. 1, ¶ 11.
unconstitutional conduct alleged in Pittman's latest
action stemming from a November 10, 2015 at a different state
correctional facility does not place this inmate in danger of
imminent "serious physical injury" at the time his
Complaint was filed on March 7, 2017. See Abdul-Akbar v.
McKelvie, 239 F.3d 307, 312 (3d Cir. 2001); McCarthy
v. Warden, USP-Allenwood, 2007 WL 2071891 *2
(M.D. Pa. July 18, 2007) (Caldwell, J.) (the danger of
serious physical injury must be about to occur at any moment
or impending at the time the complaint was filed, not at the
time of the alleged incident). On the contrary, this action
primarily centers on alleged events which occurred
approximately a year and a half earlier at a different
has admittedly had at least three prior actions dismissed as
frivolous. Second, there is no indication that Pittman was at
risk of serious physical injury when this action was filed.
Based upon those considerations, this action will be
dismissed under § 1915(g). An appropriate Order will
 Plaintiff recently notified the Court
that he was transferred to back to SCI-Houtzdale after being
held at the Schuylkill County Prison, Pottsville,