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Wilson v. U.S. Gov't

United States District Court, W.D. Pennsylvania

April 9, 2018

ROGER WILSON, Plaintiff,
v.
U.S. GOV'T, Defendant.

          REPORT AND RECOMMENDATION

          Cynthia Reed Eddy United States Magistrate Judge

         I. RECOMMENDATION

         The Court respectfully recommends that Defendant's Motion to Dismiss (ECF No. 12) be granted and Plaintiff's Amended Complaint be dismissed with prejudice.

         II. REPORT

         A. Procedural Background

         1. Criminal Proceedings

         On October 10, 2007, Plaintiff pled guilty in the United States District Court for the Western District of Pennsylvania to one count of conspiracy to possess and possess with intent to distribute cocaine in violation of 21 U.S.C. § 846, and one count of possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a) and (b)(1)(C). (2:06-cr-00316: ECF No. 290; 2:07-cr-00101: ECF No. 42). On January 8, 2008, Plaintiff was sentenced to a term of sixty-five (65) months' imprisonment to be followed by a term of supervised release of six (6) years. Plaintiff was released to supervision on December 1, 2011. (2:06-cr-00316: ECF No. 600 at 2).

         Proceedings in connection with revocation of his supervised release and competency were commenced in 2012. See generally Crim. No. 06-316 (W.D. Pa.) at ECF Nos. 623, 626; Crim. No. 07-101 (W.D. Pa.) at ECF Nos. 141, 144. Specifically, on March 2, 2012, the probation officer filed a request for a show cause hearing for modification of the conditions of supervised release to add the condition that Plaintiff undergo mental health testing and, if necessary, treatment. See Crim. No. 06-316 at ECF No. 600 at pg. 2.

         On October 10, 2012, Plaintiff appeared with counsel before the Court for a supervised release and revocation hearing. Thereafter, Plaintiff was committed to the United States BOP in order to complete a mental health evaluation. On January 4, 2013, following a competency hearing, Plaintiff was committed to the custody of the Attorney General for restorative hospitalization. On December 20, 2013, the Court found that further custody of Plaintiff by the Attorney General for purposes of evaluation and treatment was not warranted and Plaintiff was released from custody.

         On January 21, 2016, the U.S. Probation Officer requested that Plaintiff be discharged from supervision, prior to its original expiration date. On February 9, 2016, without objection from the parties, the court terminated Plaintiff's supervision.

         2. Prior Civil Action No. 17-301

         On March 8, 2017, Plaintiff filed a prior first civil action in connection with his revocation of supervised release and competency proceedings, at Civ. No. 17-301 (W.D. Pa.). These claims parallel and repeat those made herein. Plaintiff named as defendant the United States Government (as well as Office of the Attorney General, subsequently withdrawn by Plaintiff). (ECF No. 14. Plaintiff alleged that he was illegally detained between October 2012 and December 2013 based on statements made by his probation officer, who he alleges “made up charges and perjured [sic] herself.” Id. at 3, 6; see also Crim. No. 06-316 (W.D. Pa.) at ECF Nos. 623, 626; Crim. No. 07-101 (W.D. Pa.) at ECF Nos. 141, 144. Plaintiff complained further that as a result of the detention, he lost his dating website business and sought $500 million in damages. See Id. at ECF No. 14 at 4, 6. Plaintiff's allegations were construed as claims brought pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b), 2671 et seq., and dismissed on October 24, 2017 for failure to exhaust administrative remedies. See Civ. No. 17-301 (W.D. Pa.) at ECF No. 25.

         3. Present Civil Action No. 17-1467

         Pro se Plaintiff, Roger Wilson, commenced this action on November 13, 2017, against the “Office of Attorney General U.S. Department of Justice, complaining simply that “the U.S. Gov't enslaved [him], ” and seeking $100 billion in damages. (ECF No. 1 at §§ IB, III and IV). On November 22, 2017, Plaintiff filed a one-page Amended Complaint, this time against the “U.S. Gov't, ” alleging that between 2007[1] and 2011, he was “enslaved” with fabricated charges and evidence, and subjected to “physicological [sic] warfare, ” “brain washing, ” and “behavior modification.” (ECF No. 4 at 1). He alleged further that the U.S. Government had him “beaten in prison” and that he was surrounded by federal agents during that time. On December 1, 2017, Plaintiff filed another one-page amendment in which he crossed out “2011” and wrote “Feb 2007, ” but added no new factual allegations or claims. (ECF No. 5 at 1). On December 5, 2018, Plaintiff filed yet another one-page “Amended Complaint” in which he essentially repeats the allegations of his first Amended Complaint. (ECF No. ...


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