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