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

ZACHERY MARTZ, Civil No. 3:19-cv-2002 Plaintif (Judge Mariani)

v. .

JOHN J. TALABER, ESQ., ef al, . Defendants MEMORANDUM

Plaintiff Zachery Martz (“Martz”), an inmate currently housed at the State

Correctional Institution at Mahanoy, Frackville, Pennsylvania, filed this civil rights action

pursuant

, alleging that he is being incarcerated in excess of his maximum

date of release. (Doc. 1). Martz seeks to proceed in forma pauperis. (Doc. 8). The

complaint is presently before the Court for preliminary screening pursuant to 28 U.S.C. §

1915A(a). For the reasons that follow, the motion to proceed in forma pauperis will be

granted for the sole purpose of the filing of the action and the complaint will be dismissed

pursuant to

(e)(2)(B)(ii). l. Standards of Review The Prison Litigation Reform Act,

Stat. 1321 (April 26,

1996), authorizes a district court to review a complaint in a civil action in which a prisoner is

proceeding in forma pauperis or seeks redress against a governmental employee or entity.

See

(e)(2),

. The Court is required to identify cognizable claims and to sua sponte dismiss any claim that is frivolous, malicious, fails to

state a claim upon which relief may be granted, or seeks monetary relief from a defendant

who is immune from such relief. See

(e)(2)(B), 28 U.S.C. § 1915A\(b).

This initial screening is to be done as soon as practicable and need not await service of

process. See 28 U.S.C. § 1915A(a). In dismissing claims under §§ 1915(e)(2) and 19154, district courts apply the

standard governing motions to dismiss brought pursuant to Rule {2(b)(6) of the Federal

Rules of Civil Procedure. See, ¢.g., Smithson v. Koons, Civ. No. 15-01757,

, at *3 (M.D. Pa. June 26, 2017) (stating “[t]he legal standard for dismissing a

complaint for failure to state a claim under § 1915A(b)(1), § 1915(e)(2)(B)(ii), or § 1997e(c)(1) is the same as that for dismissing a complaint pursuant to Rule 12(b)(6) of the

Federal Rules of Civil Procedure.”); Mitchell v. Dodrill,

(M.D. Pa.

2010) (explaining that when dismissing a complaint pursuant to § 1915A, “a court employs

the motion to dismiss standard set forth under Federal Rule of Civil Procedure 12(b)(6)’);

Tourscher v. McCullough,

(3d Cir. 1999) (applying FED. R .CWV. P.

12(b)(6) standard to dismissal for failure to state a claim under § 1915(e)(2)(B)). A complaint must be dismissed under FED. R. Civ. P. 12(b)(6), if it does not allege

“enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v.

Twombly,

,

,

(2007). The plaintiff must

aver “factual content that allows the court to draw the reasonable inference that the

defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal,

,

,

(2009). ‘Though a complaint ‘does not need detailed factual allegations, . . . a formulaic

recitation of the elements of a cause of action will not do.” DelRio-Mocci v. Connolly Prop. Inc.,

(3d Cir. 2012) (citing Twombly,

). In other words, “fflactual allegations must be enough to raise a right to relief above the speculative level.”

Covington v. Int'l Ass'n of Approved Basketball Officials,

(3d Cir. 2013) (internal citations and quotation marks omitted). A court “take[s] as true all the factual

allegations in the Complaint and the reasonable inferences that can be drawn from those

facts, but . . . disregard[s] legal conclusions and threadbare recitals of the elements of a

cause of action, supported by mere conclusory statements.” Ethypharm S.A. France v.

Abbott Laboratories,

(3d Cir. 2013) (internal citations and quotation marks omitted). Twombly and Iqbal require [a district court] to take the following three steps to determine the sufficiency of a complaint: First, the court must take note of the elements a plaintiff must plead to state a claim. Second, the court should identify allegations that, because they are no more than conclusions, are not entitled to the assumption of truth. Finally, where there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement for relief.

Connelly v. Steel Valley Sch. Dist.,

(3d Cir. 2013). “(Where the well-pleaded facts do not permit the court to infer more than the mere

possibility of misconduct, the complaint has alleged - but it has not show(n] - that the

pleader is entitled to relief.” Iqbal,

(internal citations and quotation marks

omitted). This “plausibility” determination will be a “context-specific task that requires the

reviewing court to draw on its judicial experience and common sense.” /d.

However, even ‘if a complaint is subject to Rule 12(b)(6) dismissal, a district court

must permit a curative amendment unless such an amendment would be inequitable or

futile.” Phillips v. Cnty. of Allegheny,

(3d Cir. 2008). [E]ven when plaintiff does not seek leave to amend his complaint after a defendant moves to dismiss it, unless the district court finds that amendment would be inequitable or futile, the court must inform the plaintiff that he or she has leave to amend the complaint within a set period of time.

ll. Martz’s Complaint In this civil rights action, Martz alleges that he maxed out his prison sentence and is

being held in excess of his maximum date of release. (Doc. 1). Specifically, he “asserts

that increasing his maximum date from 11/30/2019 to 3/12/2020 is an adding of punishment to the punishment that he originally received from his sentencing judge.” (/d. at p. 3). For

relief, Martz seeks immediate release from confinement. (/d.).

lll. Discussion Section 1983 of Title 42 of the United States Code offers private citizens a cause of

action for violations of federal law by state officials. See

. The statute

provides, in pertinent part, as follows: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. ... Id.: see also Gonzaga Univ. v. Doe,

(2002); Kneipp v. Tedder,

(3d Cir. 1996). To state a claim under § 1983, a plaintiff must allege “the

violation of a right secured by the Constitution and laws of the United States, and must

show that the alleged deprivation was committed by a person acting under color of state

law.” West v. Atkins,

(1988). Martz’s claim is not cognizable under § 1983. “[HJarm caused by actions whose

unlawfulness would render a conviction or sentence invalid” is not cognizable under § 1983,

unless the conviction or sentence has been “reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such determination,

or called into question by a federal court's issuance of a writ of habeas corpus.” Heck v.

Humphrey,

(1994); see also Leamer v. Fauver,

(3d

Cir. 2002) (‘whenever the challenge ultimately attacks the ‘core of habeas’—the validity of

the continued conviction or the fact or length of the sentence—a challenge, however

denominated and regardless of the relief sought, must be brought by way of a habeas

corpus petition.”). Heck applies to claims involving monetary damages as well as those

seeking equitable and declaratory relief. See Wilkinson v. Dotson,

(2005). It also applies to parole board decision. See Williams v. Consovoy,

(3d Cir. 2006). Any award or decision in Martz’s favor that concerns a decision made by the parole

board changing his maximum date of release, would necessarily imply the invalidity of

Martz’s detention. Consequently, he cannot pursue a civil rights action under

. Rather, following exhaustion of his administrative remedies, Martz’s proper avenue of

recourse in the federal courts is a petition for writ of habeas corpus. See Preiser v.

Rodriguez,

(1973) (holding that habeas relief is available to challenge

the fact or duration of confinement). As such, Martz’s complaint fails to state a claim upon which relief may be

granted and must be dismissed. The Court is confident that service of process is

unwarranted in this case and would waste the increasingly scarce judicial resources that §

1915 is designed to preserve.

IV. Leave to Amend Before dismissing a complaint for failure to state a claim upon which relief may be

granted pursuant to the screening provisions of 28 U.S.C. § 1915A, the Court must grant a

plaintiff leave to amend the complaint unless amendment would be inequitable or futile.

See Grayson v. Mayview State Hospital,

(3d Cir. 2002). Because

Martz’s claim for relief is not cognizable in a complaint brought pursuant to

, and instead must be brought as a separate petition for writ of habeas corpus, granting leave to amend would be futile. V. Conclusion For the foregoing reasons, the Court will dismiss the complaint without prejudice pursuant to

(e)(2)(B){(ii). A separate Order shall issue.

Date: January f , 2020 Fea M/ULAM Robert D. Mariani United States District Judge