United States District Court, E.D. Pennsylvania
SAMUEL B. RANDOLPH, IV, Plaintiff,
JOHN WETZEL, et al., Defendants.
EDUARDO C. ROBRENO, J.
NOW, this 21ST day of June, 2019,
upon consideration of Plaintiff Joseph Randolph's Motion
to Proceed In Forma Pauperis (ECF No. 6), his
Prisoner Trust Fund Account Statement (ECF No. 7), his
pro se Complaint (ECF No. 2), and his Motion for a
Temporary Restraining Order and/or Preliminary Injunction
(ECF No. 4), it is ORDERED that:
Leave to proceed in forma pauperis is
GRANTED pursuant to 28 U.S.C. § 1915.
Samuel B. Randolph, IV, #FJ-5881, shall pay the full filing
fee of $350 in installments, pursuant to 28 U.S.C. §
1915(b), regardless of the outcome of this case. The Court
directs the Superintendent of SCI Phoenix or other
appropriate official to assess an initial filing fee of 20%
of the greater of (a) the average monthly deposits to
Randolph's inmate account; or (b) the average monthly
balance in Randolph's inmate account for the six-month
period immediately preceding the filing of this case. The
Superintendent or other appropriate official shall calculate,
collect, and forward the initial payment assessed pursuant to
this Order to the Court with a reference to the docket number
for this case. In each succeeding month when the amount in
Randolph's inmate trust fund account exceeds $10.00, the
Superintendent or other appropriate official shall forward
payments to the Clerk of Court equaling 20% of the preceding
month's income credited to Randolph's inmate account
until the fees are paid. Each payment shall reference the
docket number for this case.
Clerk of Court is directed to SEND a copy of
this Order to the Superintendent of SCI Phoenix.
Complaint is DEEMED filed.
Clerk of Court is DIRECTED to open a new
civil action using a copy of this Order and accompanying
Memorandum and a copy of the Complaint filed in this action
(ECF No. 2) naming Randolph as the sole plaintiff and naming
the following Defendants: (1) John Wetzel; (2) Superintendent
Gilmore; (3) Deputy DiAlesandro; (4) Deputy Zaken; (5) Major
Caro; (6) Mr. Funk; (7) Lt. Trout; (8) Dr. Denise Smyth; (9)
Dr. Lawrence Alpert; (10) CO Jordan; (11) CO Feather; (12) CO
Brandt; (13) William Nicholson; (14) Mike Hice; (15) John
McAnany; (16) P.A. Ridings; (17) Five-member CERT Team from
May 5, 2017; (18) T.A. Lewis; (19) Harry Cancelmi; (20) Bruce
Pokol; and (21) three John Doe Nurses. This new civil action
shall be assigned to the undersigned in accordance with Local
Civil Rule 40.1. Once the new action is opened, the Court
will enter an Order in that action transferring the case to
the Western District of Pennsylvania.
Clerk of Court shall TERMINATE the following
Defendants from this case: (1) Superintendent Gilmore; (2)
Deputy DiAlesandro; (3) Deputy Zaken; (4) Major Caro; (5) Mr.
Funk; (6) Lt. Trout; (7) Dr. Denise Smyth; (8) Dr. Lawrence
Alpert; (9) CO Jordan; (10) CO Feather; (11) CO Brandt; (12)
William Nicholson; (13) Mike Hice; (14) John McAnany; (15)
P.A. Ridings; (16) Five-member CERT Team from May 5, 2017;
(17) T.A. Lewis; (18) Harry Cancelmi; (19) Bruce Pokol; and
(20) three John Doe Nurses.
the reasons stated in the Court's Memorandum,
Randolph's claims against Wetzel and the SCI Phoenix
Defendants are DISMISSED without prejudice
for failure to state a claim with the exception of the
a. Due process and retaliation claims against McKevitts and
Karnizan based on issuance of the allegedly false
b. Excessive force claims against Ridgley, (5) Member CERT
Team from 5-7-19, Ferguson, and Deputy Terra based on the
force applied to him in the course of the cell extraction on
May 7, 2019; and
c. Deliberate indifference to medical needs claims against
Ridgley, the CERT team officers, Ferguson, and Deputy Terra
in relation to Randolph's requests for medical treatment
for injuries he sustained during the cell extraction.
Clerk of Court shall TERMINATE the following
SCI PhoenixDefendants, because all of the claims against them
have been dismissed without prejudice at this time: (1)
Wetzel; (2) Dr. Weiner; (3) Dr. Hanicek; (4) Dr. Sarah; (5)
Ms. Gene Walsh; (6) Deputy Sorber; (7) CO Ellerbee; (8) Nurse
Dennis; (9) Sgt. Moyer; (10) CO Policki; (11) CO Belador;
(12) CO Ms. Johnson; (13) CO Smothers; (14) Nurse Paul; (15)
Major Terra; and (16) Mr. T. Fauber.
Randolph is given thirty (30) days to file an amended
complaint in the event he can allege additional facts cure
any of the dismissed claims. Any amended complaint shall
identify all defendants in the caption of the amended
complaint in addition to identifying them in the body of the
amended complaint, shall state the basis for Randolph's
claims against each defendant, and shall bear the title
“Amended Complaint” and the caption 19-2231. If
Randolph files an amended complaint, his amended complaint
must be a complete document that includes all of the bases
for Randolph's claims, including claims that the Court
has not yet dismissed if he seeks to proceed on those claims.
When drafting his amended complaint, Randolph should be
mindful of the Court's reasons for dismissing his claims
as explained in the Court's Memorandum. Any amended
complaint shall not ...