Opinion
Civil Action 21-192J
11-30-2021
JOHN SIMPSON, Plaintiff, v. W.L. GORE & ASSOCIATES, INC.; TYLER MEMORIAL HOSPITAL; LUZERNE COUNTY PRISON; and SUPERINTENDENT BARRY R. SMITH, Facility Manager at SCI-Houtzdale, Defendants.
Kim R. Gibson District Judge
REPORT AND RECOMMENDATION RE: ECF NO. 14
MAUREEN P. KELLY UNITED STATES MAGISTRATE JUDGE
I. RECOMMENDATION
For the reasons that follow, it is respectfully recommended that any claims against Defendants W.L Gore & Associates, Inc. and Tyler Memorial Hospital should be stricken from the Amended Complaint, ECF No. 14, and that those two Defendants should be dismissed for the reasons articulated in the Report and Recommendation dated July 19, 2021, ECF No. 9, as adopted in full in the Order dated August 12, 2021. ECF No. 11.
II. REPORT
Plaintiff John Simpson (“Plaintiff”) is an inmate currently incarcerated at the State Correctional Institution at Houtzdale, Pennsylvania (“SCI-Houtzdale”). Plaintiff initiated the instant lawsuit by filing the initial Complaint in the United States District Court for the Middle District of Pennsylvania. ECF No. 1. In forma pauperis status was granted on July 19, 2021. ECF No. 8.
Also, on July 19, 2021, United States Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that the Complaint be dismissed without prejudice. ECF No. 9. Claims against Defendant Smith were recommended for dismissal based on venue alone. Id. at 10-11. Recommendations for dismissal of the other Defendants were based on the applicable statute of limitations, lack of subject matter jurisdiction over Defendant Tyler Memorial Hospital and Defendant Luzerne County Prison not being a “person” under the meaning of 42 U.S.C. § 1983. Id. at 7-9 and 16. Judge Carlson further recommended that leave to amend be granted. Plaintiff failed to file timely objections, and Chief Judge Matthew W. Brann issued an Order adopting the Report and Recommendation and granting general leave to amend on August 12, 2021. ECF No. 11.
On September 21, 2021, Plaintiff filed a Motion for Reconsideration or Relief from Judgment or Order of Dismissal, an untimely Amended Complaint, and a Motion to Accept Amended Complaint. ECF Nos. 12, 13 and 14. On September 24, 2021, Judge Brann denied reconsideration and accepted the filing of the Amended Complaint. ECF No. 15.
On October 28, 2021, Judge Brann issued an Order explicitly dismissing Defendant Luzerne County Correctional Facility, and transferring this case to the Western District of Pennsylvania. ECF No. 16. The stated reason for the transfer was that Defendant Smith was the only remaining defendant, and Defendant Smith is the Superintendent of SCI-Houtzdale, which is located in the Western District of Pennsylvania. Id. ¶ 3.
There is no Defendant Luzerne County Correctional Facility in the caption of the Amended Complaint. It is presumed that Chief Judge Brann intended to dismiss Defendant Luzerne County Prison in his Order.
To date, Luzerne County Prison is the only Defendant that has been explicitly dismissed from this case.
“Federal Rule of Civil Procedure 12(f) permits a court to strike “an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.” Fed.R.Civ.P. 12(f). “The purpose of a motion to strike is to clean up the pleadings, streamline litigation, and avoid unnecessary forays into immaterial matters.” Craker v. State Farm Mut. Auto. Ins. Co., 2011 WL 1671634, at *5 (W.D. Pa. May 3, 2011) (citation omitted). Rule 12(f) explicitly contemplates that a court may act on its own. “Motions to strike are committed to the discretion of the district court, but usually will usually be denied unless the allegations have no possible relation to the controversy, will cause prejudice, or will confuse the issues in the case.” Id. (citing Adams v. County of Erie, Pa., 2009 WL 4016636, at *1 (W.D. Pa. Nov.19, 2009)).
While the Judge Brann's Order of August 12, 2021 gave Plaintiff unrestricted leave to amend, ECF No. 11 at 2, Plaintiff's Amended Complaint appears to be little more than a copy of the initial Complaint with portions removed. The Amended Complaint does not contain new allegations that cure the deficiencies identified in the Report and Recommendation of July 19, 2021. ECF No. 14. Additionally, while Luzerne County Prison is the only Defendant that was explicitly dismissed in the Middle District, Judge Brann's clear understanding of the case was that Defendant Smith was the only remaining Defendant. ECF No. 16 ¶ 3.
Accordingly, Plaintiff's claims against Defendants W.L Gore & Associates, Inc. and Tyler Memorial Hospital should be stricken, and those Defendants should be dismissed, as Plaintiff has made no attempt to cure the pleading deficiencies with respect to those Defendants in the Amended Complaint. Defendant Smith should remain as the sole remaining Defendant in this case.
III. CONCLUSION
For the reasons stated herein, it is respectfully recommended that any claims against Defendants W.L Gore & Associates, Inc., and Tyler Memorial Hospital should be stricken from the Amended Complaint, ECF No. 14, and that those Defendants should be dismissed for the reasons articulated in the Report and Recommendation of July 19, 2021, as adopted. ECF Nos. 9 and 11.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Rule 72.D.2, the parties are permitted to file written objections in accordance with the schedule established in the docket entry reflecting the filing of this Report and Recommendation. Objections are to be submitted to the Clerk of Court, U.S. Courthouse, 208 Penn Traffic Building, 319 Washington Street, Johnstown, PA 15901. Failure to timely file objections will waive the right to appeal. Brightwell v. Lehman, 637 F.3d 187, 193 n.7 (3d Cir. 2011).