ALLEN v. ANDIMAR et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MICHAEL ALLEN,
Plaintiff,
v.
CO GUARD ANDIMAR, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
Civil Action No. 2:24 CV 1155
Magistrate Judge Maureen P. Kelly
Re: ECF No. 63
MEMORANDUM ORDER
Presently before the Court is the “Motion to Correct False Allegations in Claim and
Evidence” (the “Motion”) filed by Plaintiff Michael Allen (“Plaintiff”), an inmate at the State
Correctional Institution at Huntington (“SCI-Huntington”). ECF No. 63. In the Motion, Plaintiff
raises a number of issues relative to discovery in this case. 	For the reasons that follow, Plaintiff’s
Motion is denied.
At the outset, the Court notes that the initial period of discovery in this case was set to
conclude on July 17, 2026. ECF No. 49. On that date, the Court granted an extension of discovery
until August 17, 2026. ECF Nos. 52 and 53. Discovery was again extended to October 30, 2026.
ECF Nos. 61 and 62. That deadline remains in place.
Turning to the substance of the Motion, Plaintiff complains that Defendants are incorrect
that he has not filed grievances relative to events at issue in this case, and states that he requested
that the Captain of SCI-Green Security to preserve video contents and accuses unknown employees
at SCI-Dallas of taking copies grievances and/or exhibits he had placed for mailing, which should
have been filed with his legal claims.
Upon review, the Court recognizes that grievances were attached to Plaintiff’s Complaint.
ECF No. 4-2. The Court cannot independently verify Plaintiff’s statements that grievances were
Case 2:24-cv-01155-CCW-MPK Document 64 Filed 10/16/26 Page 1 of 3

misappropriated. Defendants have filed a Certificate of Compliance, in which they stated they have
provided Plaintiff with all records in their possession regarding Plaintiff that relate to the claims
in his Complaint. ECF No. 50. Further, the Court notes that Defendants have previously filed a
Response to Plaintiff’s Motion to Compel in which they stated that counsel requested any video
footage pertaining to the incidents alleged in the operative complaint but no video was preserved
as no grievance was received by that institution relative to the alleged incident. ECF No. 60 at 2.
As to the requested video footage, the Court cannot order Defendants to produce video that they
did not possess and had no reason to preserve given the absence of a grievance. Id.
Plaintiff also states he has not seen a letter or statement from Judge Colville, however, no
such statement is appropriate or necessary because Defendants provided to Plaintiff a copy the
sworn testimony of Security Captain Hintemeyer. Id. To the extent Defendants have not yet
provided the statement to Plaintiff, they are directed to do so, and shall file a Notice of Compliance
within 7 days of entry of this order confirming it has been sent.
Plaintiff refers to recent awareness that Defendants have a video of him near a water
fountain threatening to go to the bathroom at SCI-Pine Grove, which he has not seen yet. 	The
Court presumes Defendants will show the video to Plaintiff.
For the reasons set forth herein, the Motion to Compel Discovery is denied.
AND NOW, this 16 th day of October, 2026, IT IS HEREBY ORDERED that Plaintiff’s
Motion to Correct False Allegations in Claim and Evidence, ECF No. 63, is DENIED.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of
the Local Rules of Court, the parties are allowed fourteen (14) days from the date of this Order to
file an appeal to the District Judge which includes the basis for objection to this Order. Any
Case 2:24-cv-01155-CCW-MPK Document 64 Filed 10/16/26 Page 2 of 3

appeal is to be submitted to the Clerk of Court, United States District Court, 700 Grant Street,
Room 3110, Pittsburgh, PA 15219. Failure to file a timely appeal will constitute a waiver of any
appellate rights.
BY THE COURT:
/s/ Maureen P. Kelly
MAUREEN P. KELLY
UNITED STATES MAGISTRATE JUDGE
cc: 	Michael Allen
LT-8785
SCI HUNTINGDON
1100 Pike Street
Huntingdon, PA 16652
Counsel for all parties via CM/ECF
Case 2:24-cv-01155-CCW-MPK Document 64 Filed 10/16/26 Page 3 of 3