SCICCHITANO v. COOKE et al

Filing 16

MEMORANDUM ORDER dismissing the complaint with prejudice for failure to state a claim upon which relief can be granted pursuant to the Prison Litigation Reform Act and further adopting 8 Report and Recommendation of Magistrate Judge Kelly as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 7/31/15. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTRN DISTRICT OF PENNSYLVANIA

ANTHONY J. SCICCHITANO, JR.,
Plaintiff,
v.
THOMAS H. COOKE Asst Public Def;
ADG TRACI MCDONALD; JANET
MASCHETT A BELL,
Defendants.

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2:15cv552
Electronic Filing
Judge David Stewart Cercone/
Chief Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER

The above-captioned prisoner civil rights complaint was received by the Clerk of Court
on April28, 2015, and was referred to Chief United States Magistrate Judge Maureen P. Kelly
for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l),
and Rule 72 of the Local Rules for Magistrate Judges.
The Magistrate Judge's Report and Recommendation (the "Report"), ECF No.8, filed on
June 3, 2015, recommended that the Complaint be dismissed pre-service pursuant to the Prison
Litigation Reform Act for failure to state a claim upon which relief can be granted based upon
the case being barred by Heck v. Humphrey, 512 U.S. 477 (1994) or by the two-year statute of
limitations. Service of the Report was made on the Plaintiff at his address of record. Plaintiff
was given until June 22,2015, to file any objections. Instead of objections, Plaintifffiled a
Motion to Amend his Complaint along with a request for a 90 day extension of time in which to
file objections. ECF No.9. On June 24, 2015, the Chief Magistrate Judge denied for the Motion
for the most part but did permit Plaintiff until July 24,2015, in which to file his objections.
Since the June 24, 2015 Order by the Chief Magistrate Judge, Plaintiff has filed correspondence

with the Court as well as medical records (collectively, "the Filings"). ECF Nos. 11 - 15. None
ofthe Filings were specifically entitled "objections." However, it is now July 27,2015, and no
filing labeled "Objections" has been received to date. Accordingly, we will treat the Filings as
Plaintiffs objections and proceed accordingly.
The Court finds that none ofthe Filings, treated as objections, merit rejection of the
Report or extended comment.
The Filings all support Plaintiffs claim that either he was mentally incompetent at the
time of his state trial or there was sufficient evidence of such that the state trial court was
constitutionally obligated to sua sponte order a mental competency exam. Plaintiff specifically
complains in the Complaint that because he was not evaluated, his trial violated his federal
rights. ECF No. 5 at 10 (in response to a question on the form Complaint of what federal law do
you claim was violated, Plaintiff wrote: "My right to a mental evaluation do [sic] to my
illness [. ]")
The Report found Plaintiffs claims were barred by Heck. Plaintiffs Filings do nothing
to respond to that finding or to undermine the applicability of Heck. If anything, Plaintiffs
Filings confirm the correctness ofthe Report's reliance on Heck.
Nor do Plaintiffs Filings undermine the alternative ground that the case is barred by the
statute of limitations, if not barred by Heck.
Accordingly, after de novo review of the pleadings and the documents in the case,
together with the Report and Recommendation, the following order is entered:
AND NOW, this

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day of July, 2015;

IT IS HEREBY ORDERED that the Complaint is dismissed with prejudice pursuant to
the Prison Litigation Reform Act for failure to state a claim upon which relief can be granted.

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IT IS FURTHER ORDERED that the Report and Recommendation, ECF No.8, filed on
June 3, 2015, by Chief Magistrate Judge Kelly, is adopted as the opinion ofthe Court. The Clerk
is to mark the case closed.

David Stewart Cercone
United States District Judge
cc:

The Honorable Maureen P. Kelly
United States Magistrate Judge
Anthony J. Scicchitano, Jr.
KB-9484
SCI Frackville
10745 Route 18
Albion, PA 16475
(Via First Class Mail)

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