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Bridgemahon v. State

United States District Court, M.D. Pennsylvania

September 3, 2019

SHEQUAN DAVE BRIDGEMAHON, Plaintiff
v.
STATE OF PENNSYLVANIA, Defendant

          BRANN, D.J.

          REPORT AND RECOMMENDATION

          William I. Arbuckle U.S. Magistrate Judge.

         On March 6, 2019, Plaintiff Shequan Dave Bridgemahon (“Plaintiff”) initiated this pro se civil rights action against Defendant State of Pennsylvania (“Defendant”). (Doc. 1). Also on March 6, 2019, Plaintiff filed a Motion requesting leave of court to proceed in forma pauperis. (Doc. 2), which was granted (Doc. 6).

         On June 25, 2019, I issued an Order informing Plaintiff that, after conducting an initial screening review of his Complaint, I concluded that it failed to state a claim upon which relief could be granted. (Doc. 6). In that Order, I explained the defects in Plaintiff's Complaint and gave him leave to cure those defects by filing an amended complaint on or before July 15, 2019. Id. Plaintiff was advised that the failure to file an amended complaint would result in the dismissal of his entire case. Id.

         To date, Plaintiff has not filed an amended complaint. IT IS HEARBY RECOMMENDED that Plaintiff's Complaint (Doc. 1) be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

         I. FACTUAL ALLEGATIONS

         Plaintiff alleges:

Upon being detained I informed the detectives that I am a type 1 diabetic. Insulin dependent this is crucial to my health. The officers told me that I would receive medical attention in the county jail. I had to be taken to the hospital from being deprived of my medication. Once being taken to SCPD and released the same day. As Centre County I was denied any medical attention because I wasn't committed to the jail yet. My sickness then got worst. I had to be rushed to the ICU at Mount Nittany Medical due to no medical attention.

(Doc. 1, p. 2).

         As relief, Plaintiff requests “3 million dollars.” (Doc. 1, p. 2).

         II. LEGAL STANDARD FOR REVIEWING COMPLAINTS FILED BY PRO SE PLAINTIFFS PROCEEDING IN FORMA PAUPERIS

         This Court has a statutory obligation to conduct a preliminary review of pro se complaints brought by litigants given leave to proceed in forma pauperis. Specifically, the Court is obliged to review the complaint in accordance with 28 U.S.C. § 1915(e)(2), which provides, in pertinent part:

(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any ...

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