COOPER v. DIGGS et al

Filing 183

MEMORANDUM ORDER that all references contained in the Amended Complaint (ECF No. 182 ) to the Eighth Amendment are hereby STRICKEN. To the extent that Plaintiff is attempting to expand the time frame of his procedural due process/retaliation claim with respect to him not receiving PRC reviews to include times other than from September 15, 2006 until February 7, 2008, his attempt to amend his complaint is hereby DENIED and the references to April 16, 2004 and to being kept in the RHU for 8 year s will be deemed mere background information, and NOT additional claims. The two remaining Defendants are ORDERED to file a response to the now operative complaint, ECF No. 182 , no later than June 20, 2011. Signed by Judge Lisa Pupo Lenihan on 06/02/2011. (jmb)

IN THE UNITED STATES DISTRlCT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

TROY COOPER,
Plaintiff,
vs.
MICHELLE DIGGS, Physician Assistant;
CHRlS MEYERS, Physician Assistant;
LOUIS FOLINO, Superintendent;
ROXANNE BURGWINKEL; CINDY
AULTMAN, Nurse; STEVE CRlSTINI,
Counselor; M. CAPOZZA, Deputy
Superintendent; JOE BROWN, LPN,
Defendants.

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Civil Action No. 07-1557
Chief Magistrate Judge Lisa Pupo Lenihan

re ECF No. [182].

MEMORANDUM ORDER
This case was remanded by the Court of Appeals as to only two defendants and as to only
two claims. The two remaining Defendants are Cristini and Capozza. The only two remaining
claims are: 1) a procedural due process claim based upon Plaintiff being allegedly kept in the
RHU for 17 months without 90 day reviews that are mandated by DOC policy; I and 2) retaliation
claims based upon the same denial of 90 day reviews for that period, 2 as well as the Defendants'
refusal of/interference with the processing of Plaintiff s grievances and their placing of false
information in Plaintiffs files. After remand, this Court ordered Plaintiff to file an amended
complaint concerning these two claims but warned that he could not add any new claims and any
such attempt to do so would result in the new claims being stricken. ECF No. [181]. Plaintiff

I See ECF No. [178-1] at 6 ("Cooper states that he was held in the RHU for 17 months without
review").

See id., at 7 ("With regard to retaliation, Cooper claimed that his right to be seen by the PRC
'was deliberately denied to [him]. .."').

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has filed his amended complaint, ECF No. [182], but appears to have attempted to add new
claims.

Specifically, he seems to be attempting to add an Eighth

Amendment claim.

See,~,

ECF No. [182] at 1, ~ 1; id. at 4, ~~ 2 & 3. In accordance with our

prior order, ECF No. [181], all references contained in the Amended Complaint to the Eighth
Amendment are hereby STRICKEN. In addition, it appears that Plaintiff also seeks to expand
his procedural due process/retaliation claims to include time frames regarding the length of time
spent in the RHU that were not included in the operative complaint. Compare ECF No. [182] at
1, ~ A.l (referencing being placed in the RHU on April 16, 2004) and id., at 4, ~ A.2 (referencing
being held in the RHU for over 8 years) with ECF No. [96], at 8 ~ 47 ("The Plaintiff was also
denied PRC reviews from 9115/06 until 217/08"). To the extent that Plaintiff is attempting to
expand the time frame of his procedural due process/retaliation claim with respect to him not
receiving PRC reviews to include times other than from September 15,2006 until February 7,
2008, his attempt to amend his complaint is hereby DENIED and the references to April 16, 2004
and to being kept in the RHU for 8 years will be deemed mere background information, and
NOT additional claims.
Accordingly, the two remaining Defendants are ORDERED to file a response to the now
operative complaint as construed herein, ECF No. [182], no later than June 20, 2011.

Dated: June 2, 2011

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cc:

Troy Cooper

BY-5707

SCI Greene

175 Progress Drive

Waynesburg, PA 15370

Counsel of Record via CM-ECF

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