Robert Smith v. Federal Bureau of Prisons, et al.

CourtDistrict Court, M.D. Pennsylvania
DecidedDecember 29, 2025
Docket1:25-cv-01841
StatusUnknown

This text of Robert Smith v. Federal Bureau of Prisons, et al. (Robert Smith v. Federal Bureau of Prisons, et al.) 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
Robert Smith v. Federal Bureau of Prisons, et al., (M.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROBERT SMITH, : Civil No. 1:25-CV-01841 : Plaintiff, : : v. : : FEDERAL BUREAU OF PRISONS, et : al., : : Defendants. : Judge Jennifer P. Wilson MEMORANDUM Before the court is Plaintiff Robert Smith’s complaint seeking injunctive relief from the Federal Bureau of Prisons (“BOP”). (Doc. 1.) Also pending are Plaintiff’s motions to proceed in forma pauperis and motion for appointment of counsel. (Docs. 2, 4.) The court will grant Plaintiff’s motion to proceed in forma pauperis, screen the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), dismiss the complaint with prejudice, and deny Plaintiff’s motion for appointment of counsel. BACKGROUND AND PROCEDURAL HISTORY Plaintiff initiated this action by filing a complaint in this court on October 1, 2025. (Doc. 1.) The complaint alleges that an unspecified event took place at the Federal Detention Center in Philadelphia, Pennsylvania on May 10, 2023 and Plaintiff was placed in administrative custody. (Doc. 1.) He was then transferred to the United States Prison Canaan (“USP-Canaan”) in Waymart, Pennsylvania. (Id.) Plaintiff alleges that since his arrival at USP-Canaan he continues to be in administrative custody. (Id.) He alleges that the continued administrative custody

at USP-Canaan constitutes cruel and unusual punishment and violates his Eighth Amendment rights. (Id.) When asked to identify the nature of the complaint, Plaintiff does not select the given options of 42 U.S.C. § 1983, Bivens, or the

Federal Tort Claims Act. Instead, he creates his own category: “preliminary injunction, Federal Rule Civil Procedure Rule 65(a).” (Id.) Along with the complaint, Plaintiff filed a motion to proceed in forma pauperis and a motion for appointment of counsel. (Docs. 2, 4.)

The court will grant the motion to proceed in forma pauperis, construe the complaint as raising an Eighth Amendment claim under Bivens, and screen the complaint under 28 U.S.C. § 1915(e)(2)(B)(ii).

STANDARD Under 28 U.S.C. § 1915(e)(2)(B)(ii), a court “shall dismiss” an in forma pauperis case “at any time if the court determines that . . . the action . . . fails to state a claim upon which relief may be granted[.]” The legal standard for

dismissing a complaint for failure to state a claim pursuant to 28 U.S.C. § 1915 is identical to the legal standard used when ruling on Fed. R. Civ. P. 12(b)(6) motions to dismiss. See Grayson v. Mayview State Hosp., 293 F.3d 103, 109-10 & n.11 (3d Cir. 2002). In order “[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible

on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). A claim is plausible on its face “when the plaintiff pleads factual content that allows the court to draw the reasonable

inference that the defendant is liable for the misconduct alleged.” Id. (quoting Twombly, 550 U.S. at 556). Under Rule 12(b)(6), the court must accept all well pleaded allegations as true and construe all reasonable inferences in favor of the nonmoving party. Doe

v. Univ. of the Scis., 961 F.3d 203, 208 (3d Cir. 2020). The pleadings of self- represented plaintiffs are held to a less stringent standard than formal pleadings drafted by attorneys and are to be liberally construed. See Erickson v. Pardus, 551

U.S. 89, 94 (2007); Higgs v. Att’y Gen., 655 F.3d 333, 339 (3d. Cir. 2011). Self- represented litigants are to be granted leave to file a curative amended complaint even when a plaintiff does not seek leave to amend, unless such an amendment would be inequitable or futile. See Phillips v. Cnty. of Allegheny, 515 F.3d 224,

245 (3d Cir. 2008). DISCUSSION A. The Court Will Construe the Complaint as a Bivens Action. First, the court highlights that it is construing the complaint strictly as a

Bivens claim raising an Eighth Amendment violation based on Plaintiff’s continued administrative custody at USP-Canaan. This court is not making any determination regarding the constitutionality of how the Federal Detention Center

in Philadelphia treated Plaintiff in relation to the May 10, 2023 incident. Nor, is it addressing any procedural due process claims associated with the investigation and misconduct reports associated with the May 10, 2023 incident, as these are not articulated in the complaint.

The court acknowledges that Plaintiff is seeking a preliminary injunction under Federal Rule of Civil Procedure 65(a) and did not identify the complaint as raising claims under Bivens. (Doc. 1.) While Federal Rule of Civil Procedure 65

governs temporary restraining orders and preliminary injunctions, motions for such orders are judged against exacting legal standards. Preliminary injunctive relief “is not granted as a matter of right.” Kershner v. Mazurkiewicz, 670 F. 2d 440, 443 (3d Cir. 1982). Rather, it “is an ‘extraordinary remedy.’” Doe by & through Doe

v. Boyertown Area Sch. Dist., 897 F.3d 518, 526 (3d Cir. 2018) (quoting Kos Pharm., Inc. v. Andrx Corp., 369 F.3d 700, 708 (3d Cir. 2004)). The Third Circuit has found that “there must be a relationship between the injury claimed in the party’s motion [for injunctive relief] and the conduct asserted in the complaint.” Ball v. Famiglio, 396 F. App’x 836, 837 (3d Cir. 2010) (internal quotation marks

omitted) (quoting Little v. Jones, 607 F.3d 1245, 1251 (10th Cir. 2010). Furthermore, it is inappropriate to grant a motion for a preliminary injunction when the relief requested in the motion is unrelated to the allegations in the complaint.

Id. at 838; see also Moneyham v. Ebbert, 723 F. App’x 89, 92 (3d Cir. 2018) (holding that the District Court correctly denied a “requested injunction because it involved allegations unrelated to the complaint”). Here, by seeking only a preliminary injunction based on an alleged Eighth Amendment violation, Plaintiff

is putting the cart before the proverbial horse (i.e. the request for a preliminary injunction before a complaint). Therefore, the court remedies this procedural error by construing the complaint as a Bivens action raising an Eighth Amendment claim

premised on the continued administrative custody while housed at USP-Caanan and the relief sought in the complaint as injunctive relief. Furthermore, by viewing the complaint in these terms, the court can find that it is the proper venue for the complaint. Venue is proper in this district because the

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