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Luna v. Allison

United States District Court, W.D. Pennsylvania

July 26, 2019

MICHAEL A. LUNA, Plaintiff
v.
PTLM. ALLISON #442, PTLM. EDMONDS #431, PTLA. FATICA #461, and PTLM. EICHER #414

          SUSAN PARADISE BAXTER, UNITED STATES DISTRICT JUDGE

          REPORT AND RECOMMENDATION ON DEFENDANTS' MOTION TO DISMSIS [ECF NO. 27]

          RICHARD A. LANZILLO, UNITED STATES MAGISTRATE JUDGE

         I. Recommendation

         It is respectfully recommended that Defendants' motion to dismiss Plaintiffs Complaint pursuant to Fed. R. Civ. Pro. 12(b)(6) [ECF No. 27], be GRANTED.

         II. Report

         A. Introduction

         On May 24, 2018, Plaintiff Michael Luna ("Luna"), a pro se litigant currently incarcerated at the State Correctional Institution at Mercer ("SCI Mercer"), commenced this action against City of Erie Police Officers Allison, Edmonds, Fatica, and Eicher for civil rights violation under 42 U.S.C. §1983. ECF No. 12. Presently pending before the Court is Defendants' motion to dismiss Luna's Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. ECF No. 27.[1]

         B. Procedural History

         On May 16, 2018, Luna filed his initial complaint along with a motion for leave to proceed in forma pauperis. ECF No. 1. The Court determined that Luna did not plead enough facts regarding the actions of each Defendant and ordered him to file an amended complaint. ECF No. 3. On May 27, 2018, Luna filed an Amended Complaint. Based on this complaint, the Court granted Luna in forma pauperis ("IFP") status. Upon granting IFP status, the Clerk of Court combined both filings (ECF No. 1-1 and ECF No. 7) and docketed them as a single pleading with one attachment. ECF No. 12. That is the operative pleading for purposes of the Defendants' Motion to Dismiss.

         C. The Complaint

         Luna's Complaint is extremely sparse in terms of the facts underlying his alleged claims. Both the Complaint and accompanying attachment are short on detail, making it difficult to form a complete picture of what Luna claims happened to him on August 6, 2017, which Defendants took what action or actions against him (and when they did so), and exactly what led Luna to file this action. The following facts, which the Court assumes to be true for purposes of resolving this Motion, are taken directly from the Complaint. Luna alleges that

On or about August 6, 2017 I Michael A. Luna was illegally arbitrarily arrested, beat up, tazed [sic] and robbed from said defendants. As well as forced to a strip search, and thretend [sic] with a cavity search. After all this, I was incarcerated unlawfully, and with all disregard of due process of law.

ECF No. 12, p. 1. He faults the Defendants for not getting "proper indictments, warrants and such things." ECF No. 12-1, p. 1. Luna identifies these actions as violations of his right to due process. Id. He further claims that the Defendants "stripped me naked humiliated me and forced me to sit in the holding cell in my underwear for hours." Id. Finally, he states that his motorcycle was "run over by the police vehicle" and that he was "robbed" of a sum of money. Id.

         Despite this lack of specific facts, the Court should construe Luna's Complaint as raising the following claims:

1. A claim of illegal arrest under the Fourth Amendment (lack of proper warrants, indictments and "such things");
2. A claim of unlawful search and seizure under the Fourth Amendment (the strip search and ...

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