Beltran v. Pittsinger

CourtDistrict Court, M.D. Pennsylvania
DecidedAugust 6, 2024
Docket3:24-cv-01141
StatusUnknown

This text of Beltran v. Pittsinger (Beltran v. Pittsinger) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beltran v. Pittsinger, (M.D. Pa. 2024).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA

JESUS MANUEL BELTRAN, :

Plaintiff, : CIVIL ACTION NO. 3:24-1141

v. : (JUDGE MANNION)

C. PITTSINGER, Food Service : Supervisor, et al., : Defendants.

MEMORANDUM

Presently before the Court is pro se Plaintiff’s civil rights complaint, two applications for leave to proceed in forma pauperis, two uncertified prisoner trust fund account statements, and a certified prisoner trust fund account statement. After reviewing the applications and certified prisoner trust fund account statement, and after screening the complaint pursuant to 28 U.S.C. §1915(e)(2)(B), the Court will grant one of the in forma pauperis applications, deny the other as moot, and dismiss the complaint without prejudice to Plaintiff filing an amended complaint. I. BACKGROUND Pro se Plaintiff Jesus Manuel Beltran (“Beltran”), an individual currently incarcerated at Pennsylvania State Correctional Institution Huntingdon (“SCI Huntingdon”), commenced this action by filing a complaint (Doc. 1), an application for leave to proceed in forma pauperis (“First IFP Application”) (Doc. 2), and an uncertified prisoner trust fund account statement (Doc. 3),

all of which the Clerk of Court docketed on July 11, 2024. Because Beltran did not submit a certified account statement as required by 28 U.S.C. §1915(a)(2),1 an Administrative Order was entered requiring the

Superintendent or other appropriate official at SCI Huntingdon, to file a certified statement of Beltran’s prison trust fund account. (Doc. 6.) On July 23, 2024, the Clerk of Court received Beltran’s certified account statement from SCI Huntingdon. (Doc. 7.) Six days later, Beltran submitted another

application for leave to proceed in forma pauperis (“Second IFP Application”) and another uncertified prisoner trust fund account statement. (Docs. 8, 9.) In the complaint, Beltran indicates that he is asserting claims under 42

U.S.C. §1983 for violations of his Eighth Amendment right to be free from cruel and unusual punishment against Defendants C. Pittsinger

1 Section 1915(a)(2) provides in pertinent part as follows:

A prisoner seeking to bring a civil action . . . without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint . . ., obtained from the appropriate official of each prison at which the prisoner is or was confined.

28 U.S.C. §1915(a)(2). (“Pittsinger”), a food service manager at SCI Huntingdon, and J. Rivello, the Superintendent at SCI Huntington. (Doc. 1 at 1–3, 5.) Beltran alleges that

the following occurred on April 5, 2024: UNSANITIZED WORKING CONDITIONS AT SCI- HUNTINGDON’S KITCHEN DEPARTMENT. ROACH AND RAT INFESTATION THAT GOES UNCLEANED AND UNCHECKED. THE TRAY MACHINE THAT IS SUPPOSE [sic] TO CLEAN OUR TRAYS IS INFESTED WITH ROACH [sic]. FOOD IS NOT PROPERLY CLEANED FROM THE EATING TRAYS WHICH CAUSE MOLD AND NEW FOOD IS THROWN ON TOP OF THE DRY MOLDED TRAYS. THERE IS EXPOSURE TO BLACK MOLD AND ASBESTOS DUE TO THE LACK OF VENTILATION. THE WATER IS POLLUTED UNDRINKABLE [sic]. FURTHERMORE[,] THERE IS [sic] FIRE SAFETY HAZARD DUE TO THE DOUBLE LOCK MECHANISM ON ALL DOORS. PRISONERS NEED NOT WAIT UNTIL ACTUAL CASUALITIES OCCUR TO OBTAIN RELIEF FROM AN UNREASONABLE THREAT OF INJURY OR DEATH BY FIRE.

(Id. at 4.) Beltran describes his injury as: “FORCED TO EAT AND LIVE IN SAID CONDITIONS.” (Id. at 5.) For relief, he seeks a declaratory judgment as well as compensatory and punitive damages. (Id.) II. THE IFP APPLICATIONS Under 28 U.S.C. §1915(a)(1), the Court “may authorize the commencement . . . of any suit, action or proceeding, civil or criminal, . . . without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor.” See id. This statute

“is designed to ensure that indigent litigants have meaningful access to the federal courts.” Neitzke v. Williams, 490 U.S. 319, 324, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989). Specifically, Congress enacted the statute to ensure that administrative court costs and filing fees, both of which must be paid by everyone else who files a lawsuit, would not prevent indigent persons from pursuing meaningful litigation. [Deutsch v. United States, 67 F.3d 1080, 1084 (3d Cir. 1995)]. Toward this end, §1915(a) allows a litigant to commence a civil or criminal action in federal court in forma pauperis by filing in good faith an affidavit stating, among other things, that [they are] unable to pay the costs of the lawsuit. Neitzke, 490 U.S. at 324, 109 S.Ct. 1827.

Douris v. Middletown Twp., 293 F. App’x 130, 131–32 (3d Cir. 2008) (footnote omitted). A litigant can show that they are unable to pay the costs of the lawsuit “based on a showing of indigence.” Deutsch, 67 F.3d at 1084 n.5. The Third Circuit Court of Appeals has not defined what it means to be indigent; nevertheless, “[a] plaintiff need not ‘be absolutely destitute to enjoy the benefit of the statute.’” Mauro v. N.J. Supreme Ct., 238 F. App’x 791, 793 (3d Cir. 2007) (quoting Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)). Some district courts have explained that all a litigant needs to show is that because of their poverty, they cannot afford to pay for the costs of the litigation and provide themselves with the necessities of life. See, e.g., Rewolinski v. Morgan, 896 F. Supp. 879, 880 (E.D. Wis. 1995) (“An affidavit demonstrating that the petitioner cannot, because of his poverty, provide himself and any dependents with the necessities of life is sufficient.”);

Jones v. State, 893 F. Supp. 643, 646 (E.D. Tex. 1995) (“An affidavit to proceed in forma pauperis is sufficient if it states that one cannot, because of poverty, afford to pay for the costs of litigation and still provide for him- or

herself and any dependents.”). Here, after reviewing the First IFP Application and Beltran’s certified prisoner account statement, it appears that he lacks the financial means to prepay the filing fee in this matter. Accordingly, the Court will grant the First

IFP Application and allow Beltran to proceed in forma pauperis. The Court will also deny the Second IFP Application as moot. III. DISCUSSION

A. Standard of Review Because the Court has granted Beltran leave to proceed in forma pauperis, the Court must examine whether his complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or asserts

a claim against a defendant immune from monetary relief. See 28 U.S.C. §1915(e)(2)(B)(i)–(iii) (providing that “[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at

any time if the court determines that-- . . .

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Related

Adkins v. E. I. DuPont De Nemours & Co.
335 U.S. 331 (Supreme Court, 1948)
West v. Atkins
487 U.S. 42 (Supreme Court, 1988)
Neitzke v. Williams
490 U.S. 319 (Supreme Court, 1989)
Wilson v. Seiter
501 U.S. 294 (Supreme Court, 1991)
Bell Atlantic Corp. v. Twombly
550 U.S. 544 (Supreme Court, 2007)
Ashcroft v. Iqbal
556 U.S. 662 (Supreme Court, 2009)
Melvin P. Deutsch v. United States
67 F.3d 1080 (Third Circuit, 1995)
Hubbard v. Taylor
399 F.3d 150 (Third Circuit, 2005)
Evancho v. Fisher
423 F.3d 347 (Third Circuit, 2005)
Kelley Mala v. Crown Bay Marina
704 F.3d 239 (Third Circuit, 2013)
Farmer v. Brennan
511 U.S. 825 (Supreme Court, 1994)
Hubbard v. Taylor
538 F.3d 229 (Third Circuit, 2008)
Rewolinski v. Morgan
896 F. Supp. 879 (E.D. Wisconsin, 1995)
Jones v. State
893 F. Supp. 643 (E.D. Texas, 1995)

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Beltran v. Pittsinger, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beltran-v-pittsinger-pamd-2024.