In 2015, I Ronald Blue West, was incarcerated at the FCI-Allenwood Federal Correctional Institution in White Deer, Pa. 'Pennsylvania. West, file a civil action against the United States of America, for puting his "Life" in danger on the compound of FCI-Allenwood Pa. The Middle District Court of Pennsylvania, granted in forma pauperis for a civil complaint in the District Court. West, used^a from,civilirights complaint, and checked the line that form marked "42 U.S.C. §1983-State and Federal Officials".

West, allege that defendants put his "Life" in danger when they released him from the "Special Housing Unit" back into general population after telling other inmates about his "Law enforeemenfobae^grourid . He alleged that he "experienced a compensable loss as a result of negligence on the part of Bureau of Prisons employee's, and that prison staff violated his "constitutional" right for protection citing 28 U.S.C. §543.30, the Federal regulation pertaining to the purpose and scope of the Federal Tort Claim Act ("FTCA") 28 U.S.C. §2671 et seq.WWest, then filed a response to the Motion for a more definite statement complaint. West, referred tohhis action as a "Federal Tort Claim Act Complaint" for negligence and contend ed that the United States was liable for the actions of its employee's, but he also referred again to "42 U.S.C. §1983 and his "constitutional" right for protection. November 20, 2015 and February 11, 2016, and money damages under the "FTCA" in the amount of $50,000

The District Court granted West leave to proceed in form pauperis and the Clerk of Court pursuant to the "FTCA" to substitute the United States of Americaas the sole defendant and to terminate the individaul defendants.

A. The District Court of the Middle District of Pennsylvania, wheather give relief on the Civil Action matter under "42 U.S.C. §1983-State And Federal Officials'.' In the complaint, Petitioner alleged that defendants put his "Life" in danger when they order the release on Petitioner from the "Special Housing Unit" back into the general ^ "Law enforcemnt background"?the population after telling inmates about his

B. Under Pennsylvania Law, a tort plaintiff must allege that (1) thatB. defendnat owed a duty of care to the plaintiff; (2) the defendant causal connection between the breachbreach that duty; (3) there is a and the resulting injury, and (4) the plaintiff suffered actual loss or 551PA 479, 711 A.2d 458. 461 (Pa 1998). "FTCA"damage. See Martin v. Evans, Ihe magistrate Judge treated the complaint as raising only an , West failed to allege a physical injury as required by 28 U.S.C §1346(B)(2). The complaint was filed under "Pennsylvania Law" and abecause plaintiff must show the breach of duty, not "physical injury under "Pennsylvania Law'.'

C. The District Court, in an order entered on September 26, 2017, overruled and Recommendation, and dismissedWest* s objection, adopted the report the complaint for lack of subject matter jurisdiction pursuant to Rule 12(B)(1). West made attempts respect to breach of duty, and loss he sustained, and thus his civil action

Whether the district court erred in dismissing the plaintiff's civil rights and FTCA claims for failure to allege a physical injury