McCormick v. Commonwealth of Pennsylvania Department of Corrections et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANDREW MCCORMICK, 	:
Plaintiff 	: 	No. 1:25-cv-00380
:
v. 	: 	(Judge Kane)
:
COMMONWEALTH OF PA DOC, et al., 	:
Defendants 	:
ORDER
AND NOW, on this 10th day of February 2026, upon consideration pro se Plaintiff
Andrew McCormick (“McCormick”)’s complaint (Doc. No. 1), two applications for leave to
proceed in forma pauperis (Doc. Nos. 2, 8), certified prisoner trust fund account statement (Doc.
No. 3), and motion to appoint counsel (Doc. No. 10), and for the reasons stated in the
accompanying Memorandum, IT IS ORDERED THAT:
1. 	McCormick’s March 3, 2025 application for leave to proceed in forma pauperis
(“IFP Application”) (Doc. No. 2) is GRANTED, and McCormick has leave to
proceed in forma pauperis in this case;
2. 	McCormick’s March 20, 2025 application for leave to proceed in forma pauperis
(Doc. No. 8) is DENIED AS MOOT;
3. 	McCormick shall PAY the full filing fee of $350.00, based on the financial
information provided in the IFP Application and certified prisoner trust fund
account statement. The full filing fee shall be paid regardless of the outcome of
the litigation. Pursuant to 28 U.S.C. § 1915(b)(1) and (2), the
Superintendent/Warden, or other appropriate official at McCormick’s place of
confinement is directed to deduct an initial partial filing fee of 20% of the greater
of:
(A) the average monthly deposits in McCormick’s prison account for the past
six (6) months, or
(B) the average monthly balance in McCormick’s prison account for the past
six (6) months.
The initial partial filing fee shall be forwarded to the Clerk of the United States
District Court for the Middle District of Pennsylvania, P.O. Box 1148, Scranton,
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Pennsylvania, 18501-1148, to be credited to the above-captioned docket number.
In each succeeding month, when the amount in McCormick’s prison account
exceeds $10.00, the Superintendent/Warden, or other appropriate official, shall
forward payments to the Clerk of Court equaling 20% of the preceding month’s
income credited to McCormick’s prison account until the fees are paid. Each
payment shall reference the above-captioned docket number for this case;
4. 	The Clerk of Court is DIRECTED to SEND a copy of this Order to the
Superintendent/Warden of the institution wherein McCormick is presently
incarcerated;
5. 	The complaint (Doc. 1) is DEEMED filed;
6. 	The complaint (Doc. No. 1) is DISMISSED IN PART as follows:
a. 	McCormick’s claims under 42 U.S.C. § 1983 against Defendant
Commonwealth of Pennsylvania Department of Corrections (“DOC”) are
DISMISSED WITHOUT PREJUDICE;
b. 	McCormick’s Section 1983 claims for retaliation in violation of the First
Amendment to the United States Constitution and for due-process
violations in violation of the Fourteenth Amendment against the non-DOC
Defendants are DISMISSED WITHOUT PREJUDICE;
c. 	McCormick’s Section 1983 supervisory liability claims against
Defendants Lt. Fochtman and Superintendent Rivello are DISMISSED
WITHOUT PREJUDICE;
d. 	McCormick’s Section 1983 Eighth Amendment failure-to-intervene claim
against Defendant Correctional Officer Renninger is DISMISSED
WITHOUT PREJUDICE; and
e. 	McCormick’s Section 1983 Eighth Amendment excessive-force claim
against Defendant Correctional Officer Burton is DISMISSED
WITHOUT PREJUDICE;
7. 	McCormick has thirty (30) days from the date of this Order to file an amended
complaint as to only his Section 1983 claims against Defendants Correctional
Officer Burton, Correctional Officer Renninger, Lt. Fochtman, and
Superintendent Rivello. He shall not include any Section 1983 claims against the
DOC in an amended complaint. Any amended complaint must identify all
defendants in the caption of the amended complaint in addition to identifying
them in the body of the amended complaint and shall state the factual basis for
McCormick’s claims against each defendant. The amended complaint shall be a
complete document that does not rely on the initial complaint or other papers filed
in this case to state a claim. When drafting the amended complaint, McCormick
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should be mindful of the Court’s reasons for dismissing his claims in his initial
complaint, as explained in the accompanying Memorandum. Upon the filing of
an amended complaint, the Clerk of Court shall not make service until so ordered
by the Court;
8. 	If McCormick does not timely file an amended complaint in accordance with
paragraph seven (7) of this Order, the Court will presume that he intends to stand
on his original complaint, and this case will proceed on only his Section 1983
Eighth Amendment vulnerability-to-suicide claim against Correctional Officer
Burton; and
9. 	McCormick’s motion to appoint counsel (Doc. No. 10) is DENIED WITHOUT
PREJUDICE.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania
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