J-S25035-15
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
RASHEED NIFAS, IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
v.
JOHN E. WETZEL, SHIRLEY MORE
SMELA, DANIEL BURNS, JEFFREY
WITHERITER, GERLAD ROZUM, DANIEL
GEHLEMANN, JOSEPH MAZURKIEWICZ,
ALLEN JOSEPH, MELISA HAINSWORTH,
JOSEPH BIANCONI,
Appellees No. 1832 WDA 2014
Appeal from the Order Entered October 30, 2014
in the Court of Common Pleas of Somerset County
Civil Division at No.: 381 Civil 2014
BEFORE: BENDER, P.J.E., STABILE, J., and PLATT, J.*
JUDGMENT ORDER BY PLATT, J.: FILED APRIL 28, 2015
Appellant, Rasheed Nifas, appeals pro se from the order dismissing his
complaint with prejudice. He raises issues that are in the exclusive
jurisdiction of the Commonwealth Court. Therefore, we transfer to that
Court.
On June 20, 2014, Appellant initiated this civil rights action against
Appellees, employees of the Pennsylvania Department of Corrections. He
alleged a violation of his constitutional rights based on retaliation,
specifically, not returning him to general population, for filing a grievance
____________________________________________
*
Retired Senior Judge assigned to the Superior Court.
J-S25035-15
related to Appellees requiring him to work for free in conjunction with his
removal from the restricted release list. Appellees responded by filing
preliminary objections in the nature of a demurrer. On October 30, 2014,
the trial court sustained the objections and dismissed the complaint with
prejudice. Appellant timely appealed.
It is well-settled that “[e]ven when neither party has raised the issue
of jurisdiction, this Court may, sua sponte, determine whether retention of
jurisdiction is appropriate, or whether the matter should be transferred to
the Commonwealth Court.” Commonwealth v. Reed, 696 A.2d 199, 200
(Pa .Super. 1997), transferred to, 713 A.2d 150 (Pa. Cmwlth. 1998) (citation
omitted); see Pa.R.A.P. 751(a), 752(a).
Civil rights claims against prison officials are properly heard in the
Commonwealth Court. See 42 Pa.C.S.A. § 762(a)(1)(i).
Here, Appellant identified the Commonwealth Court as having
jurisdiction, but apparently misfiled his notice of appeal. (See Appellant’s
Brief, at 1; Appellant’s Application to Transfer, 3/30/15, at 1-2).
Furthermore, the trial court acknowledged that “[t]his matter is . . . on an
appeal to the Commonwealth Court . . . .” (Trial Court 1925(a) Opinion,
1/09/15, at 1). Accordingly, we transfer this matter to the Commonwealth
Court in accordance with Appellant’s request. See Reed, supra at 200.
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J-S25035-15
Appeal transferred to the Commonwealth Court.1
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 4/28/2015
____________________________________________
1
Appellant’s Application to Consider Timely Filed Reply Brief filed 3/30/15 is
dismissed as moot.
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