Opinion

SMITH v. WETZEL

Court
District Court, W.D. Pennsylvania
Filed
Jun 18, 2020
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EDWARD SMITH, ) 18-cv-0212

)

Plaintiff, ) ELECTRONICALLY FILED

)

v. )

)

LEO DUNN, Chairman of Pennsylvania )

Board of Probation and Parole, and JOHN )

DOE, Records Officer at SCI PGH, April )

2001, )

Defendants. )

MEMORANDUM OPINION ADOPTING MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION (DOC. 93)

This prisoner civil rights suit was commenced on February 21, 2018, and was referred to

United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with

the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules

for Magistrate Judges. Plaintiff filed a Second Amended Complaint on August 26, 2019, which

remains his operative pleading. (Doc. 74).

Defendants filed a Motion to Dismiss the Second Amended Complaint (Doc. 85) to

which Plaintiff, Edward Smith, responded in opposition. (Doc. 92). The magistrate judge filed a

report and recommendation (“R&R”) on April 3, 2020, recommending that the motion be

granted. (Doc. 93).

Plaintiff filed timely objections to the report and recommendation. (Doc. 99). Where, as

here, objections have been filed, the court is required to make a de novo determination about

those portions of the R&R to which objections were made. See 28 U.S.C. § 636(b)(1);

Fed.R.Civ.P. 72(b). The district court may accept, reject, or modify the recommended

disposition, as well as receive further evidence or return the matter to the magistrate judge with

instructions.

The Court finds that Plaintiff’s objections to not undermine the recommendation of the

Magistrate Judge. As the Second Amended Complaint and its attached Exhibits demonstrate,

once the Order of October 5, 2016 was received by the Records Officer at SCI-Pittsburgh and the

Parole Board, they acted immediately. The Court recognizes that the Second Amended

Complaint raises serious concerns about Plaintiff’s alleged prolonged detention. However, as the

R&R points out, Plaintiff is endeavoring to center all blame for any arguable sentence

miscalculation with these two Defendants, when the allegations of the Second Amended

Complaint make clear that neither Defendant had any responsibility for the failure of officials to

communicate critically important information to them. Unlike the officials in Moore v. Tartler,

986 F.2d 682 (1993), where officials incarcerated the plaintiff because of a misinterpretation of a

court order, the officials in this case were abiding by the clear mandate of the June 9, 1983

sentencing Order. As the allegations of the Second Amended Complaint reflect, it was not until

the PCRA court issued its Order on October 5, 2016, that the Defendants were informed that the

June 9, 1983 sentencing order had been vacated.

To the extent that Plaintiff’s claim that he asked the Records Officer to “look into [his]

belief that [his] sentence was inaccurately recorded” can be construed as placing an affirmative

duty upon this Defendant to investigate Plaintiff’s uncorroborated complaint, the Court declines

to adopt this approach. “Allowing an inmate’s bare assertion that he believes his sentence is

erroneous to provide sufficient notice of a constitutional violation would impose an untenable

burden on prison officials.” Chappelle v. Varano, No. 4:11-cv-00304, 2013 WL 5876173, at *5

(M.D.Pa. Oct. 30, 2013). As the R&R notes, the Defendants were abiding by the clear mandate

2

of the June 9, 1983 sentencing Order. The Second Amended Complaint fails to plead the

personal involvement of either of the Defendants which may have led to Plaintiff’s prolonged

confinement.

After de novo review of the pleadings and documents in this case, together with the

Report and Recommendation, and the Objections thereto, the Court finds that the report and

recommendation, as supplemented, should be adopted as the opinion the Court.

The Court will decline to exercise supplemental jurisdiction over the state law claims

Plaintiff has brought against the Defendants and, as a result, these claims will be dismissed

without prejudice for want of jurisdiction. An appropriate Order will be entered.

SO ORDERED this 18th day of June, 2020.

s/Arthur J. Schwab

Arthur J. Schwab

United States District Judge

cc: EDWARD SMITH

MX9169

SCI Greene

175 Progress Drive

Waynesburg, PA 15370

(via U.S. First Class Mail)

Yana L. Warshafsky

Office of General Counsel

PA Department of Corrections

(via ECF electronic notification)

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.