United States District Court, W.D. Pennsylvania
Bissoon District Judge.
MAGISTRATE JUDGE'S REPORT AND
PARADISE BAXTER, UNITED STATES MAGISTRATE JUDGE.
respectfully recommended that Defendants' motion to
dismiss amended complaint [ECF No. 22] be granted and that
this case be dismissed.
Relevant Procedural History
Tyree Lawson, a prisoner formerly incarcerated at the State
Correctional Institution at Forest in Marienville,
Pennsylvania ("SCI-Forest"),  initiated this
civil rights action on April 24, 2017, by filing a pro
se complaint pursuant to 42 U.S.C. § 1983 [ECF No.
3]. Plaintiff subsequently filed an amended complaint on or
about September 1, 2017 [ECF No. 19], which superseded the
original complaint and is the operative pleading in this
case. Named as Defendants are the following individuals, all
of whom were employed at SCI-Forest during the relevant time
periods at issue: Sergeant Hollis (“Hollis”), and
Correctional Officers Reed (“Reed”) and Menteer
claims that Defendants retaliated against him for filing
grievances when they did not permit him to attend his
scheduled work shift at the prison law library on the morning
of September 25, 2016. As relief for his claim, Plaintiff
seeks monetary relief.
September 15, 2017, Defendants filed a motion to dismiss
amended complaint [ECF No. 22], arguing that Plaintiff has
failed to state a claim upon which relief may be granted.
Despite being given ample time to do so, Plaintiff has failed
to file a response to Defendants' motion. This matter is
now ripe for consideration.
Relevant Factual History
alleges that he was a law library worker and that he was
given a modified work schedule that went into effect on
September 4, 2016, which required him to leave his cell for
early morning meal line at around 7:00 a.m. so he could
report to work by 8:00 a.m. (ECF No. 19, Amended Complaint,
at ¶ 5). In accordance with that work schedule,
Plaintiff was allowed to attend early morning meal line on
September 4, 11, and 18, 2016; however, on September 25,
2016, Defendant Reed allegedly refused Plaintiff's
request to attend the early morning meal because, according
to Defendant Reed, Plaintiff was not scheduled for work that
morning. (Id. at ¶¶ 6-12). After returning
from regular morning meal line at around 8:10 a.m. on the
same morning, Plaintiff requested a pass from Defendant
Menteer to go to his law library worksite, but Defendant
Menteer denied Plaintiff's request and ordered him to
return to his cell because he was not scheduled for work.
(Id. at ¶¶ 13-14). When Plaintiff returned
to his cell, he retrieved his modified work schedule and
returned to show Defendant Menteer that he was scheduled to
work that morning; however, Defendant Menteer would not
accept Plaintiff's schedule and ordered Plaintiff to
return to his cell. (Id. at ¶ 15).
later reported to his worksite at approximately 1:20 p.m., at
which time he was asked why he failed to appear for work that
morning. (Id. at ¶ 16). Plaintiff then
discovered that Defendant Hollis had called and verified that
Plaintiff was, in fact, scheduled to work at 8:00 a.m., but
he was still not allowed to attend work that morning.
(Id. at ¶ 17). Later that day, during evening
meal line move, Plaintiff learned that Defendant Menteer
failed to heed Defendant Hollis's morning directive to
write Plaintiff a pass to go to work, allegedly informing her
that “it was because of ‘[a]sshole grievance
filing inmates like plaintiff why him and Reed had to take a
day off from work to go all the way to Erie to testify, and
plaintiff did not need to go to work.'”
(Id. at ¶¶ 18).
Standards of Review 1.Motion to
motion to dismiss filed pursuant to Federal Rule of Civil
Procedure 12(b)(6) must be viewed in the light most favorable
to the plaintiff and all the well-pleaded allegations of the
complaint must be accepted as true. Erickson v.
Pardus, 551 U.S. 89, 93-94 (2007). A complaint must be
dismissed pursuant to Rule 12 (b)(6) if it does not allege
“enough facts to state a claim to relief that is
plausible on its face.” Bell Atlantic Corp. v.
Twombly, 550 U.S. 544, 570 (2007). See also ...