MEMORANDUM OPINION AND ORDER Plaintiff Steven Negron (“Plaintiff”), a federal prisoner proceeding pro se and in forma pauperis, commenced this action on June 10, 2019 against Defendants United States of America (the “United States”), Chirstopher Entzel (“Entzel”), and Nicole Gulliver (“Gulliver” and collectively “Defendants”). Plaintiff brings claims pursuant to the First and Fifth Amendments of the United States Constitution and the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §2671. Plaintiff seeks monetary damages as well as declaratory and injunctive relief. By motion dated January 10, 2020, Defendants moved to dismiss Plaintiff’s Complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). (Doc. 19; Doc. 20, “Defs. Br.”). Plaintiff did not file any opposition to Defendants’ motion.1 For the reasons set forth below the court GRANTS Defendants’ motion to dismiss. BACKGROUND The facts, as recited below, are taken from Plaintiff’s Complaint. (Doc. 1, “Compl.”). At the time of the alleged misconduct, Plaintiff was incarcerated at the Federal Correctional Institute, Otisville (“FCI Otisville”) in New York, but he was subsequently transferred to the Allenwood Low Federal Correctional Institution (“Allenwood LFCI”) in Pennsylvania. On a date Plaintiff cannot recall, Entzel allegedly took Plaintiff’s prescription eyeglasses and refused to return them. (Id.
21-22). Plaintiff asserts that he, his family, and his attorney contacted the prison to try and get the glasses returned. (Id. 24). After Plaintiff complained to the warden, the glasses were returned. (Id. 23). Plaintiff allegedly notified several staff members at FCI Otisville, as well as the Bureau of Prisons Office of Internal Affairs and the “Central Office in Washington” that Entzel was “trying to transfer him in retaliation for complaining about the glasses.” (Id. 24). Plaintiff also allegedly reported Entzel’s misconduct to Entzel, the “Administrative Remedy Coordinator” who is responsible for responding to and docketing grievances, but Entzel “improperly rejected” and “delayed responding” to the grievances. (Id. 26). Entzel allegedly told Plaintiff that he was “going to pay for filing grievances” and thereafter retaliated against Plaintiff “by having Gulliver arbitrarily and capriciously increase [Plaintiff's] custody points [] to justify [Plaintiff's] transfer to another institution.” (Id. 27). Plaintiff asserts that on September 27, 2018 at 1:30 a.m., he “was suddenly awoken in the middle of the night” and sent to the Metropolitan Detention Center in Brooklyn. (Id. 30). Gulliver was allegedly responsible for preparing the “Form 409″ which is submitted when an inmate is transferred to a new institution. (Id. 31). Plaintiff claims the Form 409 included “misleading and unwarranted information” and that the transfer of Plaintiff to a new institution was “a direct result of the racial profiling of Plaintiff’s hispanic jew status and complaints about Entzel.” (Id.). Entzel and Gulliver, who are “white,” allegedly “made certain racial [epithets]” to Plaintiff, who is an “ Orthodox Jew” and “Entzel and Gulliver told plaintiff that he should not have written him up and complained to the warden.” (Id. 25). Plaintiff avers that his transfer “was the direct result of the filing of prison grievances against Entzel and [Plaintiff's] hispanic jew status.” (Id. 33). Plaintiff asserts that other inmates “with more severe offenses or prohibited acts” were not transferred and that the “only difference between those inmates and Plaintiff was that none of them filed complaints against the Camp Administrator Entzel.” (Id. 28). Plaintiff provides names and identification numbers for six inmates, allegedly all white, who were punished but not transferred. (Id. 29). Plaintiff self identifies as an “Orthodox Jew,” “spanish Jewish,” and/or a “hispanic jew.” (Id.
