The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANSON CHI, : Civil No. 1:24-CV-00928
:
Plaintiff, :
:
v. :
:
UNITED STATES OF AMERICA, :
:
Defendant. : Judge Jennifer P. Wilson
MEMORANDUM
Before the court is a second amended complaint filed by Anson Chi
(“Plaintiff”). (Doc. 84.) The court will screen this pleading pursuant to 28 U.S.C.
§ 1915A and dismiss this action for being filed outside the statute of limitations.
BACKGROUND AND PROCEDURAL HISTORY
Plaintiff initiated this action by lodging a complaint in the Western District
of Pennsylvania. The complaint is dated May 31, 2021 on the signature page of
the form complaint, and dated April 25, 2022 on the verification page of the
handwritten supplement to the form complaint. (Doc. 1-1.) However, the
complaint and motion for leave to proceed in forma pauperis were received and
docketed by the Western District of Pennsylvania on May 23, 2022. (Docs. 1, 1-
1.) The Western District of Pennsylvania granted the motion to proceed in forma
pauperis and filed the complaint. (Docs. 4, 5.) The complaint was then served on
the United States of America (“Defendant”). (Docs. 7, 13.)
On January 5, 2023, Defendant filed a motion to dismiss pursuant to Fed. R.
Civ. P. 12(b) and a brief in support. (Docs. 16, 17.) Plaintiff then filed a response
to the motion to dismiss and an amended complaint on March 15, 2023. (Docs. 22,
23.) The Western District of Pennsylvania dismissed the motion to dismiss as
moot based on the filing of the amended complaint. (Doc. 33.)
On June 12, 2023, Defendant filed a motion to dismiss the amended
complaint and, in the alternative, a motion for summary judgment. (Doc. 30.)
Defendant also filed a brief in support. (Doc. 30.) On July 7, 2010, the Western
District of Pennsylvania entered an order putting Plaintiff on notice that Defendant
was seeking summary judgment based on a failure to exhaust administrative
remedies and that his responsive briefing could include exhibits. (Doc. 40.)
Plaintiff filed a brief in opposition on September 15, 2023. (Doc. 44.) On April 9,
2024, Defendant filed a supplemental brief or, in the alternative, a motion to
revoke in forma pauperis status and dismiss. (Doc. 60.) Defendant alleged that
Plaintiff had three strikes under 28 U.S.C. § 1915 and did not qualify for in forma
pauperis status. (Id.) The motion also raised the issue of improper venue. (Id.)
On May 28, 2024, Plaintiff filed a responsive briefing to the supplemental briefing.
(Doc. 65.)
On June 5, 2024, the Western District of Pennsylvania entered an order
transferring venue to this court. (Doc. 66.) On June 10, 2024, this court entered an
order notifying that parties that the court intended to address the pending motion to
dismiss the complaint identified on the docket as Doc. 30. (Doc. 69.)
On February 24, 2025, this court entered a memorandum and order granting
Defendant’s motion to dismiss the amended complaint and granting Plaintiff leave
to file a second amended complaint. (Docs. 80, 81.) The court then received and
docketed Plaintiff’s second amended complaint on March 17, 2025. (Docs. 84, 84-
1.) While this second amended complaint repeatedly alleges that Plaintiff is not
raising any constitutional challenges pursuant to Bivens v. Six Unknown Named
Agents of Federal Bureau of Narcotics, 403 U.S. 388, 397 (1971), it appears that
he is raising challenges under the Fourth, Fifth, Eighth, and Fourteenth
Amendments under the Federal Tort Claims Act (“FTCA”). (Docs. 84, 84-1.) He
also sets forth 26 claims that he alleges as state tort law violations. (Doc. 84, pp. 5,
7–9.)1 The premise for Plaintiff’s claims is the alleged conduct by staff at the
United States Prison Canaan (“USP Canaan”) on April 23, 2018 through April 30,
2018. (Doc. 84, p. 4; Doc. 84-1, pp. 1–9.) He also raises facts from his time at
FCI-Ray Brook from May 3, 2018 to February 8, 2019. (Doc. 84, p. 11.) Plaintiff
also alleges that he was returned to USP Canaan and was again denied medical
treatment on February 8, 2019. (Id., p. 12.) He further alleges facts from his time
1 For ease of reference, the court uses the page numbers from the CM/ECF header.
at FCI-McKean including a denial of medical care on February 14, 2019 and June
12, 2019. (Id., p. 13.)
In the second amended complaint, Plaintiff further alleges that on March 23,
2021 “NERO, the appropriate federal agency, denied my FTCA administrative
Standard Form 95.” (Doc. 84-1, p. 16.)
JURISDICTION AND VENUE
The court has jurisdiction over Plaintiff’s action pursuant to 28 U.S.C. §
1331, which allows a district court to exercise subject matter jurisdiction in civil
cases arising under the Constitution, laws, or treaties of the United States. Venue
is proper in this district as a substantial portion of the alleged events took place at
United States Prison Canaan (“USP-Canaan”), in Wayne County, Pennsylvania,
which is located within this district. See 28 U.S.C. § 118(b).
DISCUSSION
“The FTCA offers a limited waiver of the federal government’s sovereign
immunity from civil liability for negligent acts of government employees acting
within the scope of their employment.” Rinaldi v. United States, 904 F.3d 257,
273 (3d Cir. 2018); see also 28 U.S.C. § 1346(b)(1). “[T]he FTCA does not itself
create a substantive cause of action against the United States; rather, it provides a
mechanism for bringing a state law tort action against the federal government in
federal court. Thus, ‘the extent of the United States’ liability under the FTCA is
generally determined by reference to state law.’” In re Orthopedic Bone Screw
Prod. Liab. Litig., 264 F.3d 344, 361–62 (3d Cir. 2001) (quoting Reo v. U.S. Postal
Serv., 98 F.3d 73, 75 (3d Cir. 1996)).
An FTCA claim against the United States is “forever barred” unless it is
presented to the appropriate federal agency “within two years after such claim
accrues[.]” Miller v. Phila. Geriatric Ctr., 463 F.3d 266, 270 (3d Cir. 2006)
(quoting 28 U.S.C. § 2401(b)). When an FTCA claim accrues is a question of
federal law. See id. (citing Tyminski v. United States, 481 F.2d 257, 262-63 (3d
Cir. 1973)). If the claim is administratively denied, it must be brought in federal
court within six months from the date “of notice of final denial of the claim by the
agency to which it was presented.” 28 U.S.C. § 2401(b). An FTCA claimant must
file “both a claim with the federal agency within two years of the tort and suit
within six months of the agency’s denial” of that claim. Sconiers v. United States,
896 F.3d 595, 598 (3d Cir. 2018).
While on the complaint form Plaintiff does not state when he presented his
claims to the Federal Bureau of Prisons (“BOP”), he does state that he presented
the claims to “NERO,” which denied the claim on March 23, 2021. (Doc. 84, p.
16.) The court assumes NERO is the Northeast Regional Office of the BOP.
Therefore, it appears Plaintiff was required to file suit by September 23, 2021.
Here, it appears that Plaintiff signed the form complaint on May 31, 2021, but did
not complete the supplemental material until April 25, 2022. (Doc. 5.) The
Western District of Pennsylvania received the complaint on May 23, 2022. (Id.)
“The federal ‘prisoner mailbox rule’ provides that a document is deemed
filed on the date it is given to prison officials for mailing.” Pabon v. Mahanoy,
654 F.3d 385, 391 n.8 (3d Cir. 2011) (citing Burns v. Morton, 134 F.3d 109, 113
(3d Cir.1998)). However, Plaintiff has provided no evidence establishing the date
he mailed the complaint to the court. Therefore, the court will treat the filing date
as May 23, 2022. Even if the court treated the April 25, 2022 verification on the
supplemental pages to the form complaint as the date it was mailed to the court, it
would still be more than six months since the BOP denied his FTCA claim.
Therefore, this complaint will be dismissed with prejudice.
CONCLUSION
For the foregoing reasons, the court will dismiss the complaint with
prejudice as it was filed outside the statute of limitations and close the case. An
appropriate order follows.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
Dated: June 9, 2025