McBride v. Lebabon County Commissioners

Filing 12

ORDER ADOPTING REPORT 7 , DISMISSING McBride's complaint 1 , directing Clrk of Ct to CLOSE case, & noting any appeal from this order is deemed frivolous & not taken in good faith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/4/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AMY MCBRIDE,
Plaintiff
v.
LEBANON COUNTY
COMMISSIONERS, et al.,
Defendants

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CIVIL ACTION NO. 1:17-CV-1268
(Chief Judge Conner)

ORDER
AND NOW, this 4th day of October, 2017, upon consideration of the report
(Doc. 7) of Magistrate Judge Martin C. Carlson, issued following a comprehensive
review of the complaint (Doc. 1) filed by pro se plaintiff Amy McBride (“McBride”)
pursuant to 28 U.S.C. § 1915(e)(2)(B), wherein Judge Carlson recommends that the
court dismiss McBride’s complaint without leave to amend on two grounds: first,
because McBride’s claims are time-barred by the applicable two-year statute of
limitations and second, because McBride’s requests for injunctive relief are moot
since she is no longer confined at the Lebanon County Prison, (Doc. 7 at 8-16), and
the court noting that McBride filed a “response” (Doc. 9) to the report, which the
court will construe as McBride’s objections thereto, see FED. R. CIV. P. 72(b)(2),
and, following de novo review of the contested portions of the report, see Behar
v. Pa. Dep’t of Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing 28 U.S.C. §
636(b)(1)(C); Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989)), and applying a
clear error standard of review to the uncontested portions, see Cruz v. Chater, 990

F. Supp. 375, 376-78 (M.D. Pa. 1999), the court being in full agreement with Judge
Carlson’s analysis, and finding same to be thorough, well-reasoned, and fully
supported by the record, and finding McBride’s objections (Doc. 9) to be without
merit1 and squarely addressed by the report, it is hereby ORDERED that:
1.

The report (Doc. 7) of Magistrate Judge Carlson is ADOPTED.

2.

McBride’s complaint (Doc. 1) is DISMISSED.

3.

The Clerk of Court is directed to CLOSE this case.

4.

Any appeal from this order is deemed to be frivolous and not taken in
good faith. See 28 U.S.C. § 1915(a)(3).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

1

McBride remonstrates that Judge Carlson erred by applying a two-year
statute of limitations to her civil rights claims. (Doc. 9 at 2). She urges the court
to apply a six-year limitations period, invoking 28 U.S.C. § 2501. (See id.) Section
2501, however, concerns claims within the jurisdiction of the United States Court
of Federal Claims. See 28 U.S.C. § 2501 (“Every claim of which the United States
Court of Federal Claims has jurisdiction shall be barred unless the petition thereon
is filed within six years after such claim first accrues.”). Hence, the statute does not
apply in this case. We agree with Judge Carlson that McBride’s civil rights claims
are properly subject to a two-year statute of limitations. (Doc. 7 at 8-10). McBride’s
allegata concern incidents that occurred between March 2013 and June 2014. (See
Doc. 1). Accordingly, her complaint filed July 19, 2017 is time-barred.