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Lanza v. Moclock

United States District Court, M.D. Pennsylvania

December 19, 2019

ENRICO LANZA, Plaintiff
v.
MICHAEL L. MOCLOCK, M.D., ANTHONY LUSCAVAGE, THOMAS MCGINLEY, JOSEPH J. SUVA, DORINAVARNER, DEBRA CARNUCCIO, KAREN MERRITT SCULLY, BLANCHE MILO, TRISHA KELLEY, WILLIAM F. NICKLOW, JOHN WETZEL, WEXFORD SERVICES, GOVERNOR TOM WOLF, SENATOR PAT TOOMEY, Defendants

          MEMORANDUM

          Robert D. Mariani United States District Judge

         I. Background

         Plaintiff Enrico Lanza ("Lanza"), an inmate currently confined at the State Correctional Institution, Coal-Township, Pennsylvania ("SCI-Coal Township"), initiated the instant civil rights action pursuant to 42 U.S.C. § 1983. (Doc. 1). Named as Defendants are Michael L. Moclock, M.D., Anthony Luscavage, Thomas McGinley, Joseph J. Silva, Dorina Varner, Debra Carnuccio, Karen (Merritt) Scully, Blanche Milo, Trisha Kelley, William F. Nicklow, John Wetzel, Wexford Services, Governor Tom Wolf, and Senator Pat Toomey. (Id.). Along with the complaint, Lanza has filed a motion for leave to proceed in forma pauperis. (Doc. 2). An initial screening of the complaint has been conducted, and for the reasons set forth below, the motion to proceed in forma pauperis will be granted, Governor Tom Wolf and Senator Pat Toomey will be dismissed, and the complaint will be served on the remaining Defendants.

         II. Screening Provisions of the Prison Litigation Reform Act

         The Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (April 26, 1996), authorizes a district court to review a complaint in a civil action in which a prisoner is proceeding in forma pauperis or seeks redress against a governmental employee or entity. See 28 U.S.C. § 1915(e)(2), [1]28 U.S.C. § 1915A.[2] The Court is required to identify cognizable claims and to sua sponte dismiss any claim that is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B), 28 U.S.C. § 1915A(b). This initial screening is to be done as soon as practicable and need not await service of process. See 28 U.S.C. § 1915A(a).

         III. Allegations of the Complaint

         The allegations of the complaint relate to Lanza's medical care and treatment at SCI-Coal Township. (Doc. 1). Lanza alleges that Defendants were deliberately indifferent to his serious medical needs. (Id.). Lanza seeks injunctive relief and monetary damages. (Id. at pp. 8-9).

         IV. Discussion

         Lanza's claims are filed pursuant to 42 U.S.C. § 1983. Section 1983 of Title 42 of the United States Code offers private citizens a cause of action for violations of federal law by state officials. See 42 U.S.C. § 1983. The statute provides, in pertinent part, as follows:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress

Id.; see also Gonzaga Univ. v. Doe, 536 U.S. 273, 284-85 (2002); Kneipp v. Tedder, 95 F.3d 1199, 1204 (3d Cir. 1996). To state a claim under § 1983, a plaintiff must allege "the violation of a right secured by the Constitution and laws of the United States, and must who is immune from such relief. See 28 U.S.C. § 1915(e)(2)(B), 28 U.S.C. § 1915A(b). This initial screening is to be done as soon as practicable and need not await service of process. See 28 U.S.C. § 1915A(a).

         III. Allegations of the Complaint

         The allegations of the complaint relate to Lanza's medical care and treatment at SCI-Coal Township. (Doc. 1). Lanza alleges that Defendants were deliberately indifferent to his serious medical needs, (Id.). ...


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