BROWN v. WOLF et al

Filing 403

ORDER denying 399 Appeal of Magistrate Judge's 383 March 1, 2021 Memorandum Order. Signed by Judge Marilyn J. Horan on 3/25/21. (rtw)

Case 2:16-cv-01081-MJH-CRE Document 403 Filed 03/25/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ALTON D. BROWN,
Plaintiff,
v.
TOM WOLF, et. al,
Defendants.

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Civil No. 16-1081

ORDER
Before the Court is an appeal, ECF No. 399, filed by Plaintiff Alton D. Brown, requesting
review of the Magistrate Judge’s Memorandum Order, dated March 1, 2021, ECF No. 383,
stating that the Court would take no action on “Plaintiff’s Notice of His Constitutional Challenge
to Pennsylvania Statute 35. P.S. § 10231.1309,” ECF No. 330. Mr. Brown claims that the
Magistrate Judge clearly erred. Mr. Brown erroneously characterizes the Memorandum Order as
“holding that the Plaintiff is not entitled to pain relief from Medical Marijuana .. . .” ECF No.
399, at 1. The “Notice” filed by Mr. Brown is not a request for medical marijuana; it is a
constitutional challenge to a Pennsylvania statute that legalizes medical marijuana but prohibits
prison inmates from being administered medical marijuana. Mr. Brown’s characterization of his
Notice as a challenge to the denial of access to medical marijuana does not change the fact that
his ultimate goal is to have the Pennsylvania statue declared unconstitutional. ECF No. 399, at 4.
The Court is well aware, in Mr. Brown’s words, of his “attempts to obtain access to medical
marijuana,” which he explains is “only an attempt to obtain better pain relief and treatment for
his cancer, cancer and other pains, stress, depression, and other medical issues.”1 ECF No. 399,
at 2 (emphasis in original). However, the Magistrate Judge correctly determined that Mr.

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The Court also notes that Mr. Brown’s request for treatment with medical marijuana was, as he notes, raised at the
preliminary injunction hearing. ECF No. 399, at4.

Case 2:16-cv-01081-MJH-CRE Document 403 Filed 03/25/21 Page 2 of 2

Brown’s “claim challenging the constitutionality of this statute is not an imminent danger claim.”
ECF No. 383, at 2. She therefore properly concluded that the Court would not address the
constitutionality of the Pennsylvania statue in this case. There is no error in the Magistrate
Judge’s decision not to take any action on Mr. Brown’s Notice. The Memorandum Order
appealed from is not clearly erroneous, contrary to law, or an abuse of discretion. Accordingly,
Mr. Brown’s Appeal of the Magistrate Judge’s Memorandum Order is denied.
IT IS ORDERED this 25th day of March 2021.

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Marilyn J Horan
J. Horan
United States District Court Judge
cc:

Alton D. Brown, pro se
DL-4686
SCI Fayette
48 Overlook Drive
LaBelle, PA 15450-1050
(via U.S. First Class Mail)

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