United States District Court, M.D. Pennsylvania
REPORT AND RECOMMENDATION
E. SCHWAB CHIEF UNITED STATES MAGISTRATE JUDGE.
plaintiff Jonathan Ally claims that the defendants violated
his rights during two traffic stops. We recommend that the
claims against the Commonwealth of Pennsylvania be dismissed.
We further recommend that the court remand the case to the
undersigned for further proceedings as to defendants the West
Shore Regional Police Department, Officer Joshua Stambaugh,
and Officer Grant Cox.
Background and Procedural History.
proceeding pro se and in forma pauperis,
filed his complaint on July 22, 2019, against the
Commonwealth, the West Shore Regional Police Department,
Officer Stambaugh, and Officer Cox. Ally asserts that he is
bringing his complaint under the “KKK Act of 1871,
” and he also mentions harassment, invasion of privacy,
the Fourth Amendment, obstruction of justice, and stalking.
Doc 1 at 1. He does not attribute claims to specific
defendants. Id. at 1-3. Where Ally seeks relief, he
asks for an end to the police's behavior and twenty
billion dollars. Id. at 1-2.
claims stem from two separate traffic stops by Officers Cox
and Stambaugh for failure to have headlights on his bicycle
on July 19th and 22nd of 2019. Id. at 2. Ally claims
these stops were discriminatory and part of the West Shore
Regional Police Department's effort to exclude people of
color from the region. Id. at 3. He believes that
the officers are trying to get information on his comings and
goings. Id. According to Ally, Officer Cox had
previously stopped, but not cited, white people in similar
situations. Id. at 2. Additionally, Ally alleges
these stops were unnecessary because the street on which he
was stopped is well lit. Id. at 3. He also alleges
that he is unable to afford a bicycle light. Id.
Ally has previously sued the Commonwealth, and he believes
these stops are part of a pattern of oppression and
retaliation from the Commonwealth, including a prior
eviction, bail restrictions, and loss of his license.
Screening of In Forma Pauperis Complaints Standard
review the complaint pursuant to 28 U.S.C. § 1915(e)(2)
(2) Notwithstanding any filing fee, or any portion thereof,
that may have been paid, the court shall dismiss the case at
any time if the court determines thatC
(A) the allegation of poverty is untrue; or
(B) the action or appealC
(i) is frivolous or malicious
(ii) fails to state a claim upon which relief may be ...