IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA 

DONALD G. JACKMAN, JR., 06804-068, )

Plaintiff, )

)

v. ) Civil Action No. 06-51 E

)

CAROL A. MCMILLAN, et al., )

Defendants. )

Report and Recommendation

I. Recommendation;

It is respectfully recommended that the complaint in the above captioned case be

dismissed for failure to state a claim upon which relief may be granted.

II. Report:

Donald G. Jackman, Jr., an inmate a the Federal Correctional Institution at McKean has

presented a civil rights complaint which he has been granted leave to prosecute in forma

pauperis. 

In his complaint, Jackman alleges that commencing on March 14, 2000 and continuing

thereafter until March 13, 2004, the defendants without authorization disposed of his personal

property without authority or without remitting the proceeds to him. Specifically, he contends

that Carol A. McMillan with whom he lived, and acting without his authorization permitted the

removal and disposition of his or their property by giving it to federal agents acting without a

warrant, or to other individuals; that her action in disposing of his property is ongoing; that the

plaintiff unsuccessfully sought aide from the Pennsylvania Attorney General’s office in resolving

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this matter; that the Sheriff proceeded with the sale of plaintiff’s assets with knowledge that he

was unauthorized to do so, and that others transferred ownership of that property without his

authorization. The plaintiff now seeks to be made whole for this alleged illegal disbursement.

Named as defendants are six private individuals as well as the Butler County Sheriff and Tim

McCune who is also apparently a Butler County official since service is directed to him at the

Butler County Courthouse.

It is provided in 42 U.S.C. §1983 that:

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.

An action brought under § 1983 is not a substitute for a tort action. Paul v. Davis, 424

U.S. 693 (1976); Marran v. Marran, 376 F.3d 143 (3d Cir.2004). Since it is apparent here that the

plaintiff is seeking recovery under general tort theories, he has failed to set forth a viable § 1983

claim. Nor do any other grounds exist for invoking federal jurisdiction.

Accordingly, it is recommended that the complaint in the above captioned case be

dismissed for failure to state a claim upon which relief may be granted.

Within ten (10) days after being served, any party may serve and file written objections to

the Report and Recommendation. Any party opposing the objections shall have seven (7) days

from the date of service of objections to respond thereto. Failure to file timely objections may

constitute a waiver of any appellate rights.

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Respectfully submitted,

s/Robert C. Mitchell,

Entered: March 14, 2006 United States Magistrate Judge 

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