McKee v. Jordan et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAMEY MCKEE,
Plaintiff,
v.
A. JORDAN, et al.,
Defendants.
No. 4:25-CV-02196
(Chief Judge Brann)
ORDER
AND NOW, this 19 th day of March 2026, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1. 	Plaintiff’s Section 1983 Fourteenth Amendment substantive due
process claim against defendant Jordan is DISMISSED with
prejudice pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a
claim upon which relief may be granted.
2. 	All official capacity claims seeking monetary damages are
DISMISSED as barred by Eleventh Amendment sovereign immunity
and pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim
upon which relief may be granted.
3. 	This case will proceed only as to the following Section 1983 claims:
(1) individual capacity First Amendment retaliation against Jordan
and Matthews; and (2) official capacity retaliation against Jordan for
prospective injunctive relief only.
4. 	In accordance with Federal Rule of Civil Procedure 4(c)(3), the Clerk
of Court is directed to SERVE a copy of the Complaint (Doc. 1),
notice of lawsuit and request to waive service of summons (form AO
398), waiver of the service of summons (form AO 399), and this
Order on defendants A. Jordan and G. Matthews at SCI Mahanoy. In
the interests of efficient administrative judicial economy, the Court
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requests that Defendants waive service pursuant to Federal Rule of
Civil Procedure 4(d).
5. 	If service is unable to be completed due to Plaintiff’s failure to
properly name a Defendant or provide an accurate mailing address,
Plaintiff will be required to correct this deficiency. Failure to comply
may result in the dismissal of Plaintiff’s claim(s) against Defendant(s)
pursuant to Federal Rule of Civil Procedure 4(m).
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge
Case 4:25-cv-02196-MWB-MP Document 14 Filed 03/19/26 Page 2 of 2