HOOPSICK v. OBERLANDER et al, No. 1:2020cv00181 - Document 9 (W.D. Pa. 2020)

Court Description: MEMORANDUM OPINION and ORDER GRANTING 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DEREK F. OBERLANDER. Hoopsick's claims against Oberlander are dismissed, with prejudice. The Clerk is directed to terminate Oberlander from this action. Signed by Magistrate Judge Richard A. Lanzillo on 9/29/2020. (dm)

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HOOPSICK v. OBERLANDER et al Doc. 9 IN THE NITED STATES DISTRICT COURT FOR THE WESTEN DISTRICT OF PENNSYLVANIA JAMES HOOPSICK, JR., Plaintif V. DEREK F. OBERLANDER, et al., Deendants I. ) ) ) ) ) ) ) ) ) ) ) Case No. 1 :20-cv-181 Erie RICHARD A. LANZILLO NITED STATES MAGISTRATE JUDGE MEMORANDUM OPINION AND ORDER ON DEFENDANT'S MOTION TO DISMISS [ECF No; 3] Background Plaintif James Hoopsick, Jr., an inmate incarcerated at the State Correctional Institution at Forest (SCI-Forest), initiated this pro se action in the Court of Common Pleas of Forest County, Pennsylvania. ECF No. 1. Deendants iled a timely Notice of Removal. Id. In his Complaint, Hoopsick generally avers that Deendants engaged in unlawul retaliation in response to his attempt to ile a Prison Rape Elimination Act (PREA) complaint. Hoopsick seeks compensatory and punitive damages and injunctive relief or this alleged violation of his First Amendment rights. According to Hoopsick, Deendant Kevin Dittman, a correctional oficer at SCI-Forest, threatened to terminate him rom his job in the prison kitchen or attempting to ile a PREA complaint. ECF No. 1-1 at 3. Dittman's initial attempt to ire Hoopsick was overtuned by the Prison Review Committee (PRC). Id. However, on May 20, 2019, Hoopsick inquired as to why he had not been called to work and was informed that Dittman and an unidentiied Deendant had ired him because of his PREA complaint. Id. With respect to Oberlander, the Superintendent of SCI-Forest, Hoopsick alleges only that he was "aware of the nature of the Dockets.Justia.com

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