govinfo:USCOURTS-pawd-2_26-cv-00449-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
WILLIAM GALLAWAY, 
 
  Plaintiff, 
 
 v. 
 
J. FETTERMAN, JOHN/JANE DOES' #1-4, 
 
  Defendants. 
 
 
 
 
26cv0449 
ELECTRONICALLY FILED 
 
 
  
Memorandum Order 
 
On March 17, 2026, Plaintiff William Gallaway’s pro se Complaint against Defendants 
SCI Greene medical staff J. Fetterman and John/Jane Does #1-4 was lodged pending disposition 
of Plaintiff’s Motion for Leave to Proceed In Forma Pauperis (“IFP Motion”), and referred to 
United States Magistrate Judge Patricia Dodge for pretrial proceedings in accordance with the 
Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Rules of Court 72.C and 72.D.        
(Doc. 1). 
On March 27, 2026, Plaintiff’s IFP Motion was granted as set forth by Court Order and 
Plaintiff’s Complaint was filed.  (Doc. 4) (Doc. 5). 
Plaintiff’s Complaint asserts that Defendants violated Plaintiff’s rights under the Eighth 
Amendment to the United States Constitution by providing inadequate medical treatment and 
denying medical care to Plaintiff.  (Doc. 1). 
On April 2, 2026, Magistrate Judge Dodge filed a Report and Recommendation, in which 
she recommended that Plaintiff’s Complaint be dismissed with prejudice in accordance with 28  
 
 
Case 2:26-cv-00449-AJS-PLD     Document 8     Filed 04/27/26     Page 1 of 3
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U.S.C. § 1915(e) for the following two reasons. 
First:  
Eighth Amendment claims for inadequate medical treatment or denial of care such 
as Gallaway’s are asserted under 42 U.S.C. § 1983. The length of the statute of 
limitations for a § 1983 claim is governed by the personal injury tort law of the state 
where the cause of action arose, which in Pennsylvania is two years. 
 
Here, the Complaint is dated February 24, 2026. (ECF No. 5.) The medical care 
forming the basis of Gallaway’s claims is alleged to have occurred on various dates 
in March, May, July, August, September, and October 2023. Gallaway specifically 
alleges that “between the approximate dates of MARCH 8th, 2023 and OCTOBER 
6th, 2023, DEFENDANT FETTERMAN did intentionally delay or deny 
PLAINTIFF time ly and adequate medical treatment for his injury.” (Id. ¶ 18) 
(emphasis in original). The latest date of any alleged wrongful conduct by all other 
defendants aside from Defendant Fetterman is October 12, 2023. The Complaint 
does not allege  that any ongoing  harm resulted from the medical care Gallaway 
received at SCI Greene during this time. 
 
Thus, all events alleged in the Complaint occurred well before February 24, 2024—
i.e., the earliest date on which any allegation in the complaint could be deemed 
timely. Gallaway’s § 1983 claims are therefore barred by the two -year statute of 
limitations applicable to § 1983 actions [ 
 
(Doc. 7 at 3-4) (citations omitted). 
 
 Second: 
 
The Third Circuit has instructed that if a civil rights complaint is vulnerable to 
dismissal for failure to state a claim, the Court should permit a curative amendment, 
unless an amendment would be inequitable or futile. Mullin v. Balicki , 875 F.3d 
140, 151 (3d Cir. 2017); Grayson v. Mayview State Hosp ., 293 F.3d 103, 108 (3d 
Cir. 2002) . Because Gallaway’s claims are plainly barred by the statute of 
limitations, any attempt at amendment would be futile. See, e.g., Bressi v. Gembic, 
2018 WL 3596859, at *7 (M.D. Pa. July 2, 2018) (denying leave to amend where 
claims “clearly and universally lack merit and are legally frivolous”). 
 
(Id. at 4). 
 
In the Report and Recommendation, Plaintiff was informed that, in accordance with the 
Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Rules of 
Court, he had fourteen (14) days from the date of the Report and Recommendation to file any 
Case 2:26-cv-00449-AJS-PLD     Document 8     Filed 04/27/26     Page 2 of 3
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objections to the Report and Recommendation, and that failure to do so will waive Plaintiff’s 
right to appeal. 
Service of the April 2, 2026 Report and Recommendation was made on Plaintiff via U.S. 
First Class Mail.   
To date, no objections to the April 2, 2026 Report and Recommendation have been filed 
by Plaintiff. 
After de novo review of Plaintiff’s Complaint and other documents in this case, together 
with Magistrate Judge Dodge’s thorough April 2, 2026 Report and Recommendation, the 
following Order is entered: 
 It is hereby ORDERED that Plaintiff’s Complaint (Doc. 5) is DISMISSED WITH 
PREJUDICE. 
IT IS FURTHER ORDERED that Magistrate Judge Dodge’s April 2, 2026 Report and 
Recommendation (Doc. 7) is adopted as the Opinion of the Court. 
IT IS FURTHER ORDERED that the Clerk of Court shall mark this case CLOSED.  
 
      SO ORDERED this 27th day of April, 2026, 
      s/ Arthur J. Schwab 
      Arthur J. Schwab 
      United States District Judge 
 
 
 
 
cc:   WILLIAM GALLAWAY 
  QL2849 
 SCI GREENE 
 169 PROGRESS DRIVE 
  WAYNESBURG, PA 15370 
  
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