Filed: Apr. 19, 2016
Latest Update: Mar. 02, 2020
Summary: ALD-221 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 15-4068 _ ABDULLAH HANEEF IBN-SADIIKA, Appellant v. COUNTY OF ALLEGHENY DEPARTMENT OF COURT RECORDS; KATE BARKMAN _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 2:15-cv-01052) District Judge: Honorable Mark R. Hornak _ Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10
Summary: ALD-221 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _ No. 15-4068 _ ABDULLAH HANEEF IBN-SADIIKA, Appellant v. COUNTY OF ALLEGHENY DEPARTMENT OF COURT RECORDS; KATE BARKMAN _ On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil No. 2:15-cv-01052) District Judge: Honorable Mark R. Hornak _ Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10...
More
ALD-221 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 15-4068
___________
ABDULLAH HANEEF IBN-SADIIKA,
Appellant
v.
COUNTY OF ALLEGHENY DEPARTMENT OF COURT RECORDS;
KATE BARKMAN
____________________________________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil No. 2:15-cv-01052)
District Judge: Honorable Mark R. Hornak
____________________________________
Submitted for Possible Dismissal Pursuant to 28 U.S.C. § 1915(e)(2)(B) or
Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
April 14, 2016
Before: AMBRO, SHWARTZ and NYGAARD, Circuit Judges
(Opinion filed: April 19, 2016)
_________
OPINION*
_________
PER CURIAM
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
Abdullah Haneef Ibn-Sadiika appeals pro se and in forma pauperis from the
District Court’s order dismissing his complaint pursuant to 28 U.S.C. §§ 1915(e)(2) and
1915A. Because we agree that the complaint fails to state a claim on which relief could
be granted, and conclude further that the appeal lacks arguable merit, we will dismiss the
appeal pursuant to § 1915(e)(2)(B)(i).
The District Court referred Ibn-Sadiika’s complaint to a Magistrate Judge for
screening because Ibn-Sadiika sought to file in forma pauperis. The Magistrate Judge
concluded that the complaint did not plead a viable cause of action against any defendant,
and recommended dismissal. Ibn-Sadiika filed objections. The District Court then
adopted the Magistrate Judge’s report and recommendation and dismissed Ibn-Sadiika’s
complaint for the failure to state a claim pursuant to the Prison Litigation Reform Act
provisions codified at 28 U.S.C. §§ 1915(e)(2) and 1915A. This appeal followed.
We have jurisdiction pursuant to 28 U.S.C. § 1291. In considering a dismissal
pursuant to §§ 1915(e)(2) and 1915A, we apply the same de novo standard of review as
with our review of a motion to dismiss pursuant to Federal Rule of Civil Procedure
12(b)(6). See, e.g., Allah v. Seiverling,
229 F.3d 220, 223 (3d Cir. 2000). “[I]n deciding
a motion to dismiss, all well-pleaded allegations . . . must be taken as true and interpreted
in the light most favorable to the plaintiffs, and all inferences must be drawn in favor of
them.” McTernan v. City of York,
577 F.3d 521, 526 (3d Cir. 2009) (quotation marks
omitted). A complaint “must contain sufficient factual matter, accepted as true, to ‘state
a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal,
556 U.S. 662, 678
(2009) (quoting Bell Atl. Corp. v. Twombly,
550 U.S. 544, 570 (2007)). Because Ibn-
2
Sadiika proceeded pro se in the District Court, we construe his pleadings liberally. See
Haines v. Kerner,
404 U.S. 519, 520 (1972). We may affirm on any ground that the
record supports. See Hughes v. Long,
242 F.3d 121, 122 n.1 (3d Cir. 2001).
We agree that the complaint fails to state a claim and that the District Court
correctly dismissed the complaint pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A. Ibn-
Sadiika could not plead a viable claim against the Director of the Department of Court
Records for allegedly failing to docket his filing, and for allegedly certifying the record
on appeal in state court in a way that Ibn-Sadiika says was erroneous. Such acts would
not be outside the scope of duties for a court administrator or taken without any
jurisdiction, which entitles the Director to quasi-judicial immunity from suit. See Gallas
v. Supreme Court of Pa.,
211 F.3d 760, 772-73 (3d Cir. 2000). Nor has Ibn-Sadiika
adequately pleaded that any county policy, custom, or practice led to a purported
constitutional violation related the alleged filing and certification errors at issue in his
complaint. See Connick v. Thompson,
563 U.S. 51, 60-61 (2011).
We also agree with the District Court that Ibn-Sadiika’s claims for damages
against the Director for alleged violations of the Pennsylvania Constitution must fail. See
Jones v. City of Phila.,
890 A.2d 1188, 1208 (Pa. Commw. Ct. 2006) (“[N]either
Pennsylvania statutory authority, nor appellate case law has authorized the award of
monetary damages for a violation of the Pennsylvania Constitution.”). And in any event,
with no viable federal claim pleaded in the complaint, it would also have been
appropriate for the District Court to decline to exercise supplemental jurisdiction over
any potential state law claim. See 28 U.S.C. § 1367(c).
3
Finally, we conclude further that Ibn-Sadiika’s appeal lacks arguable merit. Ibn-
Sadiika’s objections did not address the Magistrate Judge’s clearly stated reasons for
recommending dismissal, and yet Ibn-Sadiika still sought to pursue this appeal after the
District Court dismissed his case.
For these reasons, we will dismiss the appeal.
4