Berryhill v. United States of America

Filing 2

Opinion and Order. Plaintiff's Motion to Stay Responsive Deadline to File Complaint (Related doc # 1 ) is denied and this action is summarily dismissed pursuant to 28 U.S.C. § 1915A, which requires a District Court to dismiss sua s ponte any prisoner action seeking redress from a governmental entity that the Court finds fails to state a claim on which relief may be granted. The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. Judge Christopher A. Boyko on 4/13/2018. (H,CM)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

ROBERT J. BERRYHILL,
Petitioner,
v.
UNITED STATES OF AMERICA,

Respondent.

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CASE NO. 5: 18 MC 18
JUDGE CHRISTOPHER A. BOYKO

OPINION AND ORDER

CHRISTOPHER A. BOYKO, J.:
Pro se Plaintiff Robert J. Berryhill, a federal prisoner incarcerated in Lewisburg,
Pennsylvania, filed this miscellaneous action captioned as a “Motion to Stay Responsive
Deadline to File Complaint” on February 23, 2018. (Doc. No. 1.)
The Plaintiff asserts he wishes to file a lawsuit against the United States of America
under the Federal Tort Claims Act and must do so no later than March 1, 2018. He asserts he
will not be able to obtain a Certificate of Merit as is necessary to assert medical malpractice

claims in such a lawsuit until his is released from federal custody in 2019. In his Motion, he
requests that this Court “stay” the deadlines for him to file such a lawsuit.
This Court has no authority to stay any deadlines, or any statute of limitations, that
may apply in a future case the Plaintiff wishes to file. Accordingly, the Plaintiff’s Motion is
denied and this action is summarily dismissed pursuant to 28 U.S.C. § 1915A, which requires
a District Court to dismiss sua sponte any prisoner action seeking redress from a
governmental entity that the Court finds fails to state a claim on which relief may be granted.
The Court further certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this
decision could not be taken in good faith.
IT IS SO ORDERED.

s/ Christopher A. Boyko
CHRISTOPHER A. BOYKO
United States District Judge
Dated: April 13, 2018

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