United States District Court, W.D. Pennsylvania
Daniel A. Kloss, Plaintiff,
SCI Albion/PA D.O.C. Defendants.
ORDER ADOPTING THE REPORT AND RECOMMENDATION
BARBARA J. ROTHSTEIN UNITED STATES DISTRICT JUDGE.
the Court is the Report and Recommendation
("R&R") of the Honorable Susan Paradise Baxter,
United States Magistrate Judge, recommending that the Court
deny Plaintiff s eight motions (ECF Nos. 135, 136, 146, 158,
162, 165, 174, and 179), all of which are construed as
motions for preliminary injunction. (ECF No. 195). Plaintiff
timely filed objections to the R&R (ECF No. 206). Having
reviewed the Report and Recommendation, Plaintiffs objections
thereto, the record of the case, and the relevant law, the
Court HEREBY ADOPTS the Report and Recommendation and DENIES
Plaintiff s motions for preliminary injunction.
FACTUAL AND PROCEDURAL BACKGROUND
Daniel A. Kloss, an inmate incarcerated at the State
Correctional Institution in Albion, Pennsylvania, filed
uprose complaint on November 23, 2015, alleging
sexual harassment, denial of medical treatment, violation of
his First Amendment "Right for Religion, " and
violations of the "Federal Disability Act." (ECF
No. 1 (Compl. at ¶ 4)). In addition, he requests that he
be "placed back in the same cell and unit as [inmate]
Jamie Butler." (ECF No. 1 (Compl. at¶ 6)). In
Plaintiffs Proposed Amended Complaint, Plaintiff reiterates
several issues, and raises new ones. Among other things,
Plaintiff alleges violations of the Americans with
Disabilities Act ("ADA"), unsafe prison conditions
on housing units, procrastination and refusal of medical
care, harassment, unwanted and unwarranted pain, and
deliberate medical indifference. (ECFNo. 86).
the motions currently before the court, Plaintiff has filed
approximately twenty-two motions that have been titled or
construed as motions for preliminary injunctions. (ECF Nos.
10, 42, 49, 50, 51, 53, 55, 58, 67, 79, 108, 109, 126, 130,
135, 136, 146, 158, 162, 165. 174, and 179). The Court will
discuss the motions addressed in the May 23, 2017 R&R.
(ECF No. 195).
March 20, 2017, Plaintiff filed a "motion from abuse,
" requesting a hearing and to be transferred to another
jail after corrections officer Sgt. Mazzone was reassigned to
Plaintiff s unit. (ECF No. 135). In the past, Plaintiff had
alleged that Sgt. Mazzone sexually assaulted and repeatedly
harassed him. Defendants state that Plaintiff s complaints
against Sgt. Mazzone were fully investigated and deemed
unfounded. (ECF No. 137). Notably, Sgt. Mazzone is not a
named Defendant. In Plaintiff s objections, he alleges the
investigation was not properly examined. (ECF No. 206).
Plaintiffs objections seek the "removal of the denial of
ECF No. 135 and to wait for PREA's [Prison Rape
Elimination Act] final finding." (ECF No. 206 at 1).
March 20, 2017, Plaintiff filed a second motion for
preliminary injunction, "motion for health care."
(ECF No. 136). Plaintiff complains he was mistakenly sent to
the wrong hospital for a specialty stomach procedure and
alleges he never received a previous surgery that was ordered
by Magistrate Judge Baxter. However, Defendants point out
that Magistrate Judge Baxter has never ordered any medical
procedure in this case. (ECF No. 138). Moreover, Defendants
indicate Plaintiff has been receiving the proper medical care
and attention, and in fact, Plaintiff has refused procedures
because he wants to dictate the terms of his medical care.
(ECF No. 138 at 2). In his objections, Plaintiff states that
he does not "dictate where I want to go, I know where
the procedures can be done." (ECF No. 206 at 2).
Plaintiff asks the Court to reconsider his "motion for
health care." (Id.)
April 7, 2017, Plaintiff filed a "motion to enter 3
months of harassment, " alleging violations of his civil
rights between the months of January 2017 through March 2017.
(ECF No. 146). Plaintiff complains of, inter alia,
his testosterone shots and thyroid medication (ECF No. 146-1
at 1, 3, 4), violation of his privacy rights and rights to
practice religion (Id. at 1, 2), medical decisions
regarding his stomach procedure (Id. at 3; see
also ECF No. 136), the delay of pain medication (ECF No.
146-1 at 4), wheelchair and dining hall issues (Id.
at 2, 5) and the cancellation of appointments (Id.
at 3). Additionally, in Plaintiff s "motion for
emergency medical injunction" filed on May 5, 2017,
Plaintiff again complains of his medical care. (ECF No. 162).
Defendants maintain Plaintiff continues to have access to
medical care and that Plaintiffs motion does not implicate
any emergency or threat of irreparable harm. (ECF No. 189).
Defendants further contend Plaintiffs motions are
substantially similar to requests that have been previously
denied by the Court. (ECF No. 190).
April 27, 2017, Plaintiff filed a "motion to put my RRRI
release date back, " asserting that his RRRI (Recidivism
Risk Reduction Incentive) early release date of August 21,
2017 was removed without any explanation. (ECF No. 158).
Plaintiff avers that the removal of his RRRI date was made in
retaliation to this lawsuit. Defendants indicate Plaintiff
was decertified from RRRI eligibility as a result of his
latest misconduct. (ECF No. 187). Defendants also highlight
Plaintiffs motion does not relate to the issues in the
underlying complaint, and any motion seeking early release
sounds in habeas corpus. (ECF No. 187). In his
objections, Plaintiff claims his misconduct reports were
"false and went against his disability rights."
(ECF No. 206 at 3). Plaintiff seeks to keep his original RRRI
date and asks the court "to put it back."
8, 2017, Plaintiff filed a "motion injunction for
non-live-in aide, " alleging violations of the
"Federal Disability Act" for being denied a live-in
aide. (ECFNo. 165). Plaintiff requests that he be assigned a
personal aide to push his wheelchair, clean his cell, and
change his sheets. (Id.) Again, Plaintiff complains
of his medical care, stomach issues and RRRI release date.
Defendants state there is no personal "aide"
position within the prison where an inmate is specifically
assigned to assist another inmate. (ECFNo. 188). Defendants
uphold that Plaintiff's housing and medical needs
continue to be met. (Id)
on May 15, 2017, Plaintiff filed motions for emergency
hearings regarding his security level, housing codes and
length of confinement. (ECFNo. 174 & 175). Notably,
Plaintiff has written numerous letters to the Court raising
various concerns regarding his treatment in prison, despite
the Court's order that he not attempt ex parte
communication through such letters. (ECF No. 23).
on May 23, 2017, Magistrate Judge Baxter issued the R&R,
recommending that the Court deny Plaintiffs eight motions for
preliminary injunction because Plaintiff has failed to meet
his burden of showing either immediate irreparable injury or
a likelihood of success on the merits. (ECF No. 195). The
R&R suggests Plaintiff has exhausted the Court's time
and resources on matters that have been found to be
"groundless, repetitive, misleading and vexatious."
(Id.). Magistrate Judge Baxter further states that
Plaintiffs disagreements with Defendants medical judgment and
care are not actionable and concludes the Court will not
override the professional judgment of medical practitioners
charged with the Plaintiffs care. Finally, Magistrate Judge
Baxter admonishes Plaintiff of its displeasure with
Plaintiffs repeated motions and states the Court will
consider sanctions should any subsequent frivolous motions be
filed. (Id. at 8).
filed timely objections to the R&R. (ECF No. 206). In
addition to Plaintiff's objections noted above, Plaintiff
largely restates his narrative of grievances regarding his
medical care and confinement. Specifically, Plaintiff claims
there is a "deliberate medical indifference" in
which he believes medical procedures have been
"deliberately cancelled, " thus causing him to
suffer. (Id. 206 at 4). It appears that Plaintiff
also believes that SCI-Albion prison officials forced him
into the infirmary, again violating what he calls the
"Federal Disability Act." (Id. at 5).
Plaintiff further claims reports of his misconduct were false
and violated his disability rights (Id. at 3).
Plaintiff avers he is being punished for wanting to marry
fellow inmate Jamie Butler, ...