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

QUESTION(S) PRESENTED ; 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, usedea from.civilirights complaint, and checked the line that form marked "42 U.S.C. §1983-State — ‘and Federal Officials". a Presented Questions _ 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 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. tiWest, then filed a response to the : Motion for a more definife statement complaint. West, referred tohhis action.as a "Federal Tort Claim Act Complaint" for negligence and contended 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 dmount of $50.000 [729 Fed.Appx. 147] ‘ 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. Question 1. : , 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 the Petitioner from the "Speéial Housing Unit" back into the general population after telling inmates about his "Law enforcemnt background"? B. Under Pennsylvania Law, a tort plaintiff must allege that (1) that defendnat owed a duty of care to the plaintiff; (2) the defendant breach that duty; (3) there is a causal connection between the breach and the resulting injury, and (4) the plaintiff suffered actual loss or damage. See Martin v. Evans, 551PA 479, 7i1 A.2d 458. 461 (Pa 1998). The magistrate Judge treated the complaint as raising only an "FTCA" because, West failed to allege a physical injury as required by 28 U.S.C §1346(B)(2). The complaint was fiked under “Pennsylvania Law" and a plaintiff must show the breach of duty, not “physical injury" under “Pennsylvania Law" Cc. [729 Fed. Appx.148] The District Court, in an order entered on September 26, 2017, overruled West's objection, adopted the report and Recommendation, and dismissed the complaint for lack of subject matter jurisdiction pursuant to Rule 12(B)(1). [729 Fed Appx. 149] West made attempts that showed, particularly with respect to breach of duty, and loss he sustained, and thus his civil action was properly construed as an action for breach of duty, not mental or emotional injury. Was that Report and Recommendation, made by the Magistrate Judge wrong to dismisse the casé? D. Under the "FTCA" a claim for damages filed in District Court, as a general matter, wheather the amount sought in the underlying administ; rate claim with the appropriate Federal agency is right under 28 U.S.C §2675(A)(B)? C. Did the Middle District Court of Pennsylvania, and the Third Gircuit Court of appeals have jurisdiction under 28 U.S.C. §1291? They granted West leave to appeal in forma pauperis on summary action under the Third Cir. LAR. 27. 4 and I.0.P. 10.6 two time on the same Appeal.Is that right for the Court to do? (2)