Abreu v. SCI Greene State Corr. Inst.

Full title: RALPH ABREU, Plaintiff, v. SCI GREENE STATE CORRECTIONAL INSTITUTION; PA…

Court: United States District Court, E.D. Pennsylvania

Date published: Apr 4, 2023

5:23-cv-01092 (E.D. Pa. Apr. 4, 2023)

Opinion

5:23-cv-01092

04-04-2023

RALPH ABREU, Plaintiff, v. SCI GREENE STATE CORRECTIONAL INSTITUTION; PA DEPARTMENT OF CORRECTIONS; SUPT. MICHAEL ZAKEN; STEPHEN BUZAS; JOHN DOE LIEUTENANT NAPOLEAN; and JOHN DOES #1-10; Defendants.

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

ORDER

JOSEPH F. LEESON, JR. UNITED STATES DISTRICT JUDGE

AND NOW, this 4^th day of April, having screened the Complaint pursuant to 28 U.S.C. § 1915A and for the reasons set forth in the Opinion issued this date, IT IS ORDERED THAT:

1. To the extent the Complaint asserts a claim pursuant to 42 U.S.C. §§ 1983 and/or 1985, it is dismissed as follows:

A. The Pennsylvania DOC and SCI Greene, as well as the official capacity claims against Defendants Zaken, Buzas, John Doe Napolean, and John Does #1-10 are dismissed with prejudice.

B. The § 1983 claim is otherwise dismissed without prejudice.

C. The § 1985 claim is dismissed with prejudice.

2. Supplemental jurisdiction over the state-law claims is denied.

3. Within twenty days of the date of this Order, Plaintiff Abreu may, consistent with the Opinion, file an amended complaint.

4. If an amended complaint is not timely filed, this action will be closed without further notice.¹

1 If Abreu elects not to file an amended complaint, he is advised that the period of limitations for his state-law claims was tolled during the pendency of this action and “for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.” See 28 U.S.C. § 1367(d).