Friday, February 10, 2012

FLEMING v. SCRANTON. United States Court of Appeals, Third Circuit. Opinion filed: February 9, 2012

FLEMING v. SCRANTON
STEVEN P. FLEMING, Appellant,
v.
SCRANTON, PA LACKAWANNA COUNTY; MAYOR CHRISTOPHER DOHERTY; CHIEF DANIEL DUFFY; JUDGE JOHN McCURRI.

No. 11-3559.
United States Court of Appeals, Third Circuit.

Submitted Pursuant to Third Circuit LAR 34.1(a) February 8, 2012.
Opinion filed: February 9, 2012.

Before: SLOVITER, SMITH and GREENBERG, Circuit Judges.

NOT PRECEDENTIAL
OPINION
PER CURIAM.

On or about March 1, 2011, the Appellant, Steven P. Fleming, filed a pro se complaint against defendants City of Scranton, Mayor Christopher A. Doherty, Chief Daniel Duffy (the "Scranton Defendants"), and Judge John McCurri. In the complaint, Fleming set forth a number of incomprehensible allegations concerning his former job as an airline pilot and his incarceration for involvement with a cocaine trafficking ring in Scranton, Pennsylvania. Because the allegations in the complaint were unclear, the Magistrate Judge instructed Fleming to file an amended complaint.

On March 16, 2011, Fleming filed an amended complaint in which he explained that, when he was employed as a pilot, he refused to transport cocaine for the Scranton drug ring. As a result, a member of the drug ring made an anonymous phone call to the Federal Aviation Administration implicating him in the operation. Fleming further alleged that he had been denied legal counsel to represent him in the present lawsuit, that he suffered from hypothermia in prison because the prison's boilers were broken, and that Magistrate Judge Smyser was "dirty" and acted under a conflict of interest. Based on these allegations, Fleming sought relief pursuant to the following purported causes of action:

For ruining my well earned career, lose wages, wrong full incarceration, cruel & unusual punishment, obstructions in justice, improper procedure and personal injury, like stress associated with displacement, lose of family support, obstructing discovery, homelessness, and for criminal contempt of Civil Rights, by being kept from the courts.
(Am. Compl. 2, Dist. Ct. Dkt # 6.)

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