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Perez v. Mahally

United States District Court, M.D. Pennsylvania

December 19, 2017

ANTHONY I PEREZ, SR., Plaintiff
v.
LARRY MAHALLY, ET. AL., Defendants

          MEMORANDUM

          SYLVIA H. RAMBO, UNITED STATES DISTRICT JUDGE.

         Presently before this Court is pro se Plaintiff Anthony Perez, Sr.'s complaint filed pursuant to 42 U.S.C. § 1983 (Doc. No. 1), and motions to proceed in forma pauperis (Doc. Nos. 2 and 6). For the reasons set forth below, the Court will grant Plaintiff's motions to proceed in forma pauperis and dismiss the complaint with leave to amend.

         I. Background

         On November 17, 2017, Plaintiff, an inmate currently incarcerated at the State Correctional Institution in Chester, Pennsylvania (“SCI-Chester”), filed the instant civil action under 42 U.S.C. § 1983, for incidents allegedly taking place while Plaintiff was incarcerated at SCI-Dallas. Plaintiff names as Defendants: the Superintendent of SCI-Dallas, Larry Mahally; Inmate Grievance Coordinator Sowga; Chief Hearing Examiner J.H. Dupont; Nurse Waligun; Hearing Examiner C.J. McKeown; and Grievance Officer Young. (Doc. No. 1.) The sparse allegations contained within Plaintiff's complaint allege that on March 26, 2017, Nurse Waligun retaliated against Plaintiff by filing a false misconduct report, accusing Plaintiff of assaulting her. (Id. at 9.) Plaintiff alleges that Nurse Waligun filed this false misconduct because Plaintiff and his family had complained to a number of individuals that Plaintiff was not receiving adequate medical care from the medical department. (Id.)

         Plaintiff appears to next allege that Hearing Examiner C.J. McKeown violated his due process rights when McKeown limited and stopped Plaintiff from defending himself during the misconduct hearing. (Id.) Plaintiff further alleges that McKeown refused Plaintiff's request for video tape evidence to be used during his hearing. (Id.) Finally, Plaintiff appears to allege that Officer Young conspired with Nurse Waligun to cover up her false misconduct report of assault. (Id. at 9, 10.) As relief, Plaintiff seeks the removal of his misconduct from his record and compensation. (Id. at 5, 6.)

         II. Standard of Review

         a. Screening Prisoner Complaints

         Under 28 U.S.C. § 1915A, federal district courts must “review . . . a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). If a complaint fails to state a claim upon which relief may be granted, the court must dismiss the complaint. 28 U.S.C. § 1915A(b)(1). District courts have a similar screening obligation with respect to actions filed by prisoners proceeding in forma pauperis and prisoners challenging prison conditions. See 28 U.S.C. § 1915(e)(2)(B)(ii) (“[T]he court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted . . . .”); 42 U.S.C. § 1997e(c)(1) (“The Court shall on its own motion or on the motion of a party dismiss any action brought with respect to prison conditions under section 1983 of this title . . . by a prisoner confined in any jail, prison, or other correctional facility if the court is satisfied that the action . . . fails to state a claim upon which relief can be granted.”).

         In dismissing claims under §§ 1915(e), 1915A, and 1997e, district courts apply the standard governing motions to dismiss brought pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. See, e.g., Smithson v. Koons, No. 1:15-CV-01757, 2017 WL 3016165, at *3 (M.D. Pa. June 26, 2017) (“The legal standard for dismissing a complaint for failure to state a claim under § 1915A(b)(1), § 1915(e)(2)(B)(ii), or § 1997e(c)(1) is the same as that for dismissing a complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure.”); Mitchell v. Dodrill, 696 F.Supp.2d 454, 471 (M.D. Pa. 2010) (explaining that when dismissing a complaint pursuant to § 1915A, “a court employs the motion to dismiss standard set forth under Federal Rule of Civil Procedure 12(b)(6)”).

         When ruling on a motion to dismiss under Rule 12(b)(6), the Court must accept as true all factual allegations in the complaint and all reasonable inferences that can be drawn from them, viewed in the light most favorable to the plaintiff. See In re Ins. Brokerage Antitrust Litig., 618 F.3d 300, 314 (3d Cir. 2010). The Court's inquiry is guided by the standards of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). Under Twombly and Iqbal, pleading requirements have shifted to a “more heightened form of pleading.” See Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir. 2009). To prevent dismissal, all civil complaints must set out “sufficient factual matter” to show that the claim is facially plausible. Id. The plausibility standard requires more than a mere possibility that the defendant is liable for the alleged misconduct. As the Supreme Court instructed in Iqbal, “where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged - but it has not ‘show[n]' - ‘that the pleader is entitled to relief.'” Iqbal, 556 U.S. at 679 (citing Fed.R.Civ.P. 8(a)(2)).

         Accordingly, to determine the sufficiency of a complaint under Twombly and Iqbal, the United States Court of Appeals for the Third Circuit has identified the following steps a district court must take when determining the sufficiency of a complaint under Rule 12(b)(6): (1) identify the elements a plaintiff must plead to state a claim; (2) identify any conclusory allegations contained in the complaint “not entitled” to the assumption of truth; and (3) determine whether any “well-pleaded factual allegations” contained in the complaint “plausibly give rise to an entitlement to relief.” See Santiago v. Warminster Twp., 629 F.3d 121, 130 (3d Cir. 2010) (citation and quotation marks omitted).

         In ruling on a Rule 12(b)(6) motion to dismiss for failure to state a claim, “a court must consider only the complaint, exhibits attached to the complaint, matters of public record, as well as undisputedly authentic documents if the complainant's claims are based upon these documents.” Mayer v. Belichick, 605 F.3d 223, 230 (3d Cir. 2010) (citing Pension Benefit Guar. Corp. v. White Consol. Indus., Inc., 998 F.2d 1192, 1196 (3d Cir. 1993)). A court may also consider “any ‘matters incorporated by reference or integral to the claim, items subject to judicial notice, matters of public record, orders, [and] items appearing in the record of the case.'” Buck v. Hampton Twp. Sch. Dist., 452 F.3d 256, 260 (3d Cir. 2006) (quoting 5B Charles A. Wright & Arthur R. Miller, Federal Practice & Procedure § 1357 (3d Ed. 2004)).

         In conducting its screening review of a complaint, the court must be mindful that a document filed pro se is “to be liberally construed.” Estelle v. Gamble, 429 U.S. 97, 106 (1976). A pro se complaint, “however inartfully pleaded, ” must be held to “less stringent standards than formal pleadings drafted by lawyers” and can only be dismissed for failure to state a claim if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Haines v. Kerner, 404 U.S. 519, 520-21 (1972).

         b. ...


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