Newsome v. United States of America

Filing 36

MEMORANDUM re REPORT AND RECOMMENDATIONS 31 . (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 04/22/14. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KEVONE NEWSOME,
Plaintiff
v.
UNITED STATES OF AMERICA,
Defendant

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CIVIL NO. 1:13-CV-0910
(Judge Rambo)
(Magistrate Judge Carlson)

MEMORANDUM
Before the court is a report filed by Magistrate Judge Carlson in which
he recommends that Plaintiff’s motion to enforce the settlement agreement be
denied. Plaintiff is a federal prisoner who was housed in the United States
Penitentiary at Canaan. As a result of alleged food poisoning at the penitentiary,
inmates brought actions under the Federal Tort Claims Act (FTCA), 28 U.S.C. §
2401 et seq. and 28 U.S.C. § 2675 et seq. As a result of mediation, the claims were
settled.
The basis for Plaintiff’s motion to enforce is that he claims he has not
received his payment under the settlement agreement. The defendant has responded
that full payment has been made to Plaintiff by the United States Treasury pursuant
to 31 U.S.C. § 3716, 31 C.F.R. § 2.85.5(a)(1), which authorizes the Treasury to
collect delinquent non-tax debts to other federal agencies. Inmate-plaintiffs who are
aggrieved by this offset are given a telephone number and an address to make
inquiries concerning this offset. As in previous memoranda on this same subject,

this court has pointed out that such inquiries provide obstacles for prison inmates
who do not get the information as to the debt and to whom it is owed.
It is this court’s opinion that 31 C.F.R. § 285.5(g)(3) requires that when
an offset has occurred, the payee shall be notified in writing, in part that an offset has
occurred and (i) a description of the payment and amount of the offset taken, and (ii)
the identity of the creditor agency requesting the offset. This has apparently not been
done in the instant case.
This court will defer ruling on the report and recommendation and will
remand to the magistrate judge to request that Defendant have the Treasury
Department comply with 31 C.F.R. § 285.5(g)(3). An appropriate order will be
issued.
s/Sylvia H. Rambo
United States District Judge
Dated: April 22, 2014.

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