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McDaniel v. United States

United States District Court, E.D. Kentucky, Southern Division, London

March 13, 2018

JOSEPH MCDANIELS PLAINTIFF
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS

          MEMORANDUM OPINION AND ORDER

          David L. Bunning United States District Judge

         Joseph McDaniels is a federal prisoner who was once confined at the United States Penitentiary (USP) - McCreary in Pine Knot, Kentucky, was then transferred to the USP in Coleman, Florida, and is now incarcerated at the USP in Tucson, Arizona. Proceeding without a lawyer, McDaniels filed a complaint in which he raises two main issues. (Doc. # 1).

         First, McDaniels alleges that officials at USP-McCreary provided him with inadequate medical care while he was confined at that facility in 2014 and 2015. McDaniels therefore brings a claim against USP-McCreary Health Services Administrator R. Jones pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), and argues that Jones violated his constitutional rights. McDaniels also claims that, as a result of the alleged inadequate medical care at USP-McCreary, the United States is liable to him under the Federal Tort Claims Act (FTCA).

         Second, McDaniels alleges that officials at USP-Coleman failed to protect him from another inmate who caused him harm in June of 2016. McDaniels specifically brings a claim against USP-Coleman Officer Bond pursuant to Bivens, and argues that Bond violated his constitutional rights. McDaniels also claims that, as a result of this alleged failure to protect him from harm, the United States is liable to him under the FTCA.

         McDaniels filed his complaint in December 2017 with the United States District Court for the District of Columbia. That court then transferred McDaniels's case to this district. The action is now before this Court on initial screening pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A.

         The Court will dismiss without prejudice McDaniels's Bivens claim against USP-Coleman Officer Bond and his second FTCA claim against the United States because those claims are improperly joined in this action. See Fed. R. Civ. P. 20(a)(2). Indeed, those claims are based on alleged events at USP-Coleman and are wholly unrelated to McDaniels's first two claims, which relate to allegedly inadequate medical care he received at USP-McCreary. McDaniels may still attempt to pursue his Bivens claim against Officer Bond and his second FTCA claim against the United States, but he must do so by filing a separate complaint in the proper venue, which is the United States District Court for the Middle District of Florida.

         This only leaves McDaniels's Bivens claim against Health Services Administrator R. Jones and his first FTCA claim against the United States. Both of these claims relate to alleged inadequate medical care that McDaniels received while at USP-McCreary. The Court has conducted an initial review of these claims and concludes that they require a response from the defendants. Since the Court previously granted McDaniels pauper status, the Clerk's Office and the United States Marshals Service (USMS) will serve Health Services Administrator R. Jones and the United States with a summons and copy of the Complaint on McDaniels's behalf. See Fed. R. Civ. P. 4(c)(3) and 28 U.S.C. § 1915(d). In responding to McDaniels's complaint, the defendants shall address whether McDaniels's claims are barred by the applicable statutes of limitation, as well as any other relevant issues.

         Accordingly, it is ORDERED as follows:

         (1) McDaniels's Bivens claim against Officer Bond and second FTCA claim against the United States, both of which relate to alleged events at USP-Coleman, are DISMISSED WITHOUT PREJUDICE;

         (2) McDaniels's only remaining claims are his Bivens claim against Health Services Administrator R. Jones and first FTCA claim against the United States, both of which relate to alleged events at USP-McCreary;

         (3) The Deputy Clerk shall prepare three (3) “Service Packets” for service upon Health Services Administrator R. Jones and the United States of America. Those Service Packets shall include:

         (a) a completed summons form;

         (b) the ...


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