govinfo:USCOURTS-pawd-2_26-cv-00499-1

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
JOSHUA JOHN MARANEY, 
 
 Plaintiff, 
 
 v. 
 
THE COMMONWEALTH OF 
PENNSYLVANIA et al., 
 
 Defendants. 
 
 
 
2:26-CV-00499-CCW-MPK 
 
 
 
 
 
ORDER 
 This case has been referred to United States Magistrate Judge Maureen P. Kelly for pretrial 
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local 
Rule of Civil Procedure 72. 
On May 20, 2026, the Magistrate Judge issued a Report (the “R&R”), ECF No. 8, 
recommending that the Complaint, ECF No. 6, be dismissed pursuant to 28 U.S.C. § 
1915(e)(2)(B)(i) as frivolous, malicious, and/or for failing to state a claim upon which relief may 
be granted. The R&R further recommended that dismissal as to claims Mr. Maraney raises on his 
own behalf be with prejudice and without leave to amend, except for Mr. Maraney’s malicious 
prosecution claim, which the Report recommends dismissing without prejudice to refiling should 
Mr. Maraney obtain a f avorable termination of his pending criminal charged. Finally, as to any 
claims potentially brought on behalf of non- party Darius Elijah Wolfe, the Report recommends 
dismissing the claims but without prejudice to Mr. Wolfe proceeding in his own right at a new 
cause of action, if he wishes to do so. See ECF No. 8. Service of the R&R was made on the 
parties, and Mr. Maraney has filed objections. ECF No. 10. 

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After a de novo review of the pleadings and documents in the case, together with the R&R 
and the objections thereto, IT IS HEREBY ORDERED that the Complaint is DISMISSED and the 
R&R, ECF No. 8, is ADOPTED IN PART as the Opinion of the Court and REJECTED IN PART, 
as follows: 
1. The Court adopts the recommendation to dismiss Mr. Maraney’s Complaint 
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as frivolous. 
2. The Court adopts the recommendation to dismiss with prejudice and without leave 
to amend Mr. Maraney’s § 1983 claims on his ow n behalf against Defendants 
Commonwealth of Pennsylvania, Pennsylvania State Police, and Justin Yeckley in his 
official and individual capacities , with the exception of Mr. Maraney’s malicious 
prosecution claim . The Court adopts the recommendation that the dismissal of Mr. 
Maraney’s malicious prosecution claim on his own behalf be without prejudice and with 
leave to amend. 
3. The Court adopts the recommendation to dismiss with prejudice and without leave 
to amend Mr. Maraney’s claims seeking his release from detention. 
4. The Court rejects the recommendation that the dismissal of claims raised on Mr. 
Wolfe’s behalf be with prejudice. Because the basis for the dismissal of these claims is 
Mr. Maraney’s lack of standing, the dismissal will be without prejudice. See Ellison v. Am. 
Bd. of Orthopaedic Surgery , 11 F.4th 200, 209 (3d Cir. 2021) ( “Because the absence of 
standing leaves the court without subject matter jurisdiction to reach a decision on the 
merits, dismissals ‘with prejudice’ for lack of standing are generally improper.”) (quoting 
Cottrell v. Alcon Labs., 874 F.3d 154, 164 n.7 (3d Cir. 2017)). 

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5. The Court adopts in part and rejects in part the recommendation that amendment of 
claims raised on Mr. Wolfe’s behalf would be futile , as follows. To the extent Plaintiff 
seeks to bring claims pursuant to 42 U.S.C. § 1983 on behalf of another person, amendment 
would be futile and leave to amend such claims is denied. See Beaty v. Delaware Cnty. , 
No. CV 21-1617, 2023 WL 5423020, at *3 (E.D. Pa. Aug. 10, 2023) (“A § 1983 plaintiff 
‘cannot sue for the deprivation of another’s civil rights.’”) (quoting O’Malley v. Brierley, 
477 F.2d 786, 789 (3d Cir. 1973) ). Similarly, to the extent Mr. Maraney seeks to bring 
criminal charges against any Defendant, amendment would be futile and leave to amend 
any such charges is denied. See Mikhail v. Kahn , 991 F. Supp. 2d 596, 667 (E.D. Pa.), 
aff’d, 572 F. App’x 68 (3d Cir. 2014) (“[Plaintiff], as a private individual, cannot initiate a 
criminal action or compel the state or federal authorities to bring one.”). 
6. While it does not appear to the Court that the Complaint contains any other viable 
claims, the Court agrees with the Magistrate Judge that the Complaint is not particularly 
clear. Thus, out of an abundance of caution, the Court grants leave to amend as to the 
remainder of the claims brought in the Complaint. 
IT IS FURTHER ORDERED that Mr. Maraney shall file any amended complaint by June 
29, 2026. Any amended complaint may include only claims asserted in the original Complaint 
and may not include new claims. 
DATED this 15th day of June, 2026. 
 
BY THE COURT: 
 
 
 /s/ Christy Criswell Wiegand 
 CHRISTY CRISWELL WIEGAND 
 United States District Judge 

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cc (via ECF email notification): 
All Counsel of Record 
cc (via U.S. Mail): 
Joshua John Maraney 
1122255 
Greene County Jail 
855 Rolling Meadows Road 
Waynesburg, PA 15370 

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