Thompson v. Keen et al

Filing 22

MEMORANDUM re REPORT AND RECOMMENDATIONS 21 (Order to follow as separate docket entry)Signed by Honorable Sylvia H. Rambo on 3/1/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DEANDRE TREMAIN THOMPSON, :
:
:
Plaintiff,
:
:
v.
:
:
DANIEL S. KEEN, et al.,
:
:
Defendant.

Civil No. 1:15-cv-1927

Judge Sylvia H. Rambo

MEMORANDUM
Before the court is a report and recommendation (Doc. 21) filed by the
magistrate judge in which she recommends that Plaintiff Thompson’s complaint
filed pursuant to 42 U.S.C. § 1983 be dismissed with leave to file an amended
complaint. The magistrate judge addressed the complaint pursuant to 28 U.S.C. §
1915(e)(2) and found that it failed to state a cause of action. Objections were due
on January 12, 2017. To date, no objections have been filed.
Thompson names as defendants in their official and individual capacities
certain employees of the Franklin County jail (“FJC”), Franklin County
Commissioner Robert Thomas, and Pennsylvania Secretary of Corrections John
Wetzel. Thompson alleges that he was held at the FCJ without a preliminary
arraignment, formal charges, booking or fingerprinting. (Doc. 1.) He claims
violations of the Due Process Clause, Equal Protection Clause, Cruel and Unusual

Punishment Clause, and Search and Seizure Clause of the United States
Constitution.
After a review of the report and recommendation, this court finds that the
magistrate judge cited and applied the proper case law and will adopt the report
and recommendation in part. An appropriate order will issue.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: March 1, 2017

2