Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75 (3d Cir. 2014). · Go Syfert
Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75 (3d Cir. 2014). Cases Citing This Book View Copy Cite
55 citation events (55 in the last 25 years) across 6 distinct courts.
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At page 79 Analyzing claims of mail interference and free speech rights22 citing casesnoting it was questionable whether the correspondence at issue was constitutionally protected to support a First Amendment retaliation claim1 citing court put it this way
  • Anderson, No. 1:25-cv-02144 (M.D. Pa. Sept. 21, 2026).
    See, e.g., Reedy v. Evanson, 615 F.3d 197, 231 (3d Cir. 2010) (affirming district court’s grant of summary judgement for supervisor who was “kept abreast” of an investigation, but did not direct his subordinate “to take or not to take any…
  • Sledge, No. 2:24-cv-01079 (W.D. Pa. June 30, 2026).
    Finally, to the extent the SAC can be read to assert a violation of Sledge’s right to send and receive mail, it is well settled that “a single instance of interference with mail is usually insufficient to constitute a First Amendment viola…
  • McCormick, No. 1:25-cv-00380 (M.D. Pa. Feb. 10, 2026).
    See Reedy v. Evanson, 615 F.3d 197, 231 (3d Cir. 2010) (affirming district court’s grant of summary judgement for supervisor who was “kept abreast” of an investigation, but did not direct his subordinate “to take or not to take any particu…
  • Myers v. Harry, No. 1:24-cv-00171 (M.D. Pa. Sept. 22, 2025).
    See Reedy v. Evanson, 615 F.3d 197, 231 (3d Cir. 2010) (affirming district court’s grant of summary judgement for supervisor who was “kept abreast” of an investigation, but did not direct his subordinate “to take or not to take any particu…
  • Mickens v. Clark, No. 1:24-cv-00190, 2025 WL 976701 (M.D. Pa. Mar. 31, 2025).
    See Reedy v. Evanson, 615 F.3d 197, 231 (3d Cir. 2010) (affirming district court’s grant of summary judgement for supervisor who was “kept abreast” of an investigation, but did not direct his subordinate “to take or not to take any particu…
  • Mbewe v. Delbalso, No. 4:24-cv-01508 (M.D. Pa. Jan. 8, 2025).
    It is well settled that a single instance of interference with legal or personal mail generally does not rise to the level of actionable First Amendment censorship.26 Accordingly, Mbewe’s First Amendment free speech claim concerning the re…
  • Smith v. Kasakowski, No. 1:24-cv-00192 (M.D. Pa. Sept. 6, 2024).
    The only case we have found from the Supreme Court or our court of appeals that discusses an inmate’s right to send letters through a prison’s institutional mail system is Iwanicki v. Pa. Dep’t of Corrs., 582 F. App’x 75, 79 (3d Cir. 2014)…
  • Travillion v. Pennsylvania Dep't of Corr., No. 1:18-cv-02075, 2023 WL 6796538 (M.D. Pa. Oct. 13, 2023). 2 cites
    Pa. Sept. 16, 2010) (noting that two instances of inadvertent opening of legal mail outside of inmate’s presence “is nothing more than an assertion of negligence” and does not state a “pattern and practice” First Amendment claim) (collecti…
  • Williams v. Diven, No. 1:23-cv-00667 (M.D. Pa. Sept. 6, 2023).
    See, e.g., Bieregu v. Reno, 59 F.3d 1445, 1452 (3d Cir.1995), abrogated on other grounds by Lewis v. Casey, 518 U.S. 343 (1996) (“declin[ing] to hold that a single instance of damaged mail rises to the level of constitutionally impermissib…
  • Mojica Carrion v. Wetzel, No. 4:22-cv-00051, 2023 WL 4534597 (M.D. Pa. July 13, 2023).
    Grp. v. Colkitt, 455 F.3d 195 , 201 (3d Cir. 2006)). 44 Albright v. Oliver, 510 U.S. 266, 271 (1994) (“The first step in any [Section 1983] claim is to identify the specific constitutional right allegedly infringed.”); Graham v. Connor, 49…
Show 12 more citing cases
  • O'Kelly v. Brown, No. 5:22-cv-00112 (W.D.N.C. Nov. 9, 2022).
    Iwanicki v. Pa. Dep’t of Corr., 582 Fed. App’x 75, 79 (3d Cir. 2014).
  • Butler v. Penchishen, No. 5:22-cv-03252, 2022 WL 4473590 (E.D. Pa. Sept. 26, 2022).
    Most of Butler’s allegations surrounding the claimed retaliation are not tied to any of the individual Defendants and, thus, do not amount to plausible retaliation claims.7 See Iwanicki v. Pennsylvania Dep’t of Corr., 582 F. App’x 75, 79 (…
  • McCaul v. Rathbone, No. 1:22-cv-00057 (W.D.N.C. May 27, 2022).
    Iwanicki v. Pa. Dep’t of Corr., 582 Fed. App’x 75, 79 (3d Cir. 2014).
  • Salome v. Admin. Remedy Coordinator, No. 1:20-cv-06569 (D.N.J. May 14, 2021).unpublished
    (noting it was questionable whether the correspondence at issue was constitutionally protected to support a First Amendment retaliation claim)
  • Timmons v. Walters, No. 1:20-cv-02393 (M.D. Pa. Dec. 18, 2023).
    See Iwanicki v. Pa. Dep’t of Corrs., 582 F. App’x 75, 79 (3d Cir. 2014) (unpublished); Alexander v. Gennarini, 144 F. App’x 924, 926 (3d Cir. 2005) (unpublished).
  • Mbewe v. DelBalso, No. 4:21-cv-00654 (M.D. Pa. July 6, 2023).
    See id. 60 See Doc. 83 at 4. 61 See Iwanicki v. Pa. Dep’t of Corr., 582 F. App’x 75, 79 (3d Cir. 2014) (nonprecedential) (citing Davis v. Goord, 320 F.3d 346, 351 (2d Cir. 2003)). 62 See Foman v. Davis, 371 U.S. 178, 182 (1962); Jones v. U…
  • Bradley v. Philadelphia Police Dep't, No. 2:20-cv-01016 (E.D. Pa. Mar. 24, 2020).
    See Iwanicki v. Pennsylvania Dep’t of Corr., 582 F. App’x 75, 79 (3d Cir. 2014) (per curiam) (“[M]ere notification of a grievance does not allege sufficient personal involvement because it does not establish that the Defendants personally…
  • Bradley v. Dist. Council 47, No. 2:20-cv-01020 (E.D. Pa. Mar. 24, 2020).
    See Iwanicki v. Pennsylvania Dep’t of Corr., 582 F. App’x 75, 79 (3d Cir. 2014) (per curiam) (“[M]ere notification of a grievance does not allege sufficient personal involvement because it does not establish that the Defendants personally…
  • Bradley v. City of Philadelphia, No. 2:20-cv-01017 (E.D. Pa. Mar. 24, 2020).
    See Iwanicki v. Pennsylvania Dep’t of Corr., 582 F. App’x 75, 79 (3d Cir. 2014) (per curiam) (“[M]ere notification of a grievance does not allege sufficient personal involvement because it does not establish that the Defendants personally…
  • Bradley v. Phila. Police Dept., No. 2:20-cv-01019 (E.D. Pa. Mar. 24, 2020).
    See Iwanicki v. Pennsylvania Dep’t of Corr., 582 F. App’x 75, 79 (3d Cir. 2014) (per curiam) (“[M]ere notification of a grievance does not allege sufficient personal involvement because it does not establish that the Defendants personally…
  • Groce, No. 1:26-cv-00995 (M.D. Pa. June 2, 2026).
    See, e.g., Iwanicki v. Pa. Dep’t of Corrs., 582 F. App’x 75, 79 (3d Cir. 2014); Nixon v. Sec’y Pa. Dept. of Corrs, 501 F. App’x 176, 178 (3d Cir. 2012).
  • Verticelli v. Commonwealth of Pennsylvania, Dep't of Corr., No. 2:25-cv-01463 (E.D. Pa. May 15, 2025).
    See Rode, 845 F.2d at 1207; see also Iwanicki v. Pa. Dep’t of Corr., 582 F. App’x 75, 79 (3d Cir. 2014) (per curiam) (“[M]ere notification of a grievance does not allege sufficient personal involvement because it does not establish that th…
At page 81 Analyzing due process and grievance procedure claims16 citing cases“because iwanicki relies on unspecified 'administrative law' and prison policies, he has failed to meet the threshold requirement of alleging a protected liberty interest.”5 citing courts quote it · passage not found verbatim in the opinion (93%)
  • Bond v. Welch <font Color=\red\">do Not File in This case</font>", No. 1:23-cv-03411 (D.N.J. Feb. 1, 2024).
    (Violations of [prison] grievance procedures do not give rise to a cognizable claim under section 1983.)
  • Holden v. Wetzel, No. 1:18-cv-00237, 2021 WL 1090638 (W.D. Pa. Mar. 22, 2021).
    (Violations of [prison] grievance procedures do not give rise to a cognizable claim under section 1983.)
  • Craig v. Wetzel, No. 1:21-cv-02020 (M.D. Pa. Sept. 22, 2025).
    Jwanicki v. Pennsylvania Dep't of Corr., 582 F. App’x 75, 81 (3d Cir. 2014); Jackson v. Gordon, 145 F. App’x 774, 777 (3d Cir. 2005).
  • Jones v. Eidem, No. 4:18-cv-02353 (M.D. Pa. Jan. 31, 2025).
    The evidence that has been properly submitted to the Court and admitted into the evidentiary record establishes that prison officials 100 See, e.g., Davis v. Samuels, 608 F. App’x 46, 49 (3d Cir. 2015); Iwanicki v. Pa. Dep’t of Corrs., 582…
  • Hunter v. Pennsylvania Dep't of Corr., No. 3:24-cv-01870 (M.D. Pa. Nov. 8, 2024).
    See id. at 485-86 (holding that sanction of thirty (30) days in disciplinary confinement did not constitute atypical and significant hardship); Iwanicki v. Pa. Dep't of Corr., 582 F. App’x 75, 81 (3d Cir. 2014) (unpublished) (concluding th…
  • Lee-Chima v. Carolan, No. 3:22-cv-01801 (M.D. Pa. Aug. 12, 2024).
    (holding that loss of prison job was not atypical and significant hardship)
  • Williamson v. Pennsylvania Dep't of Corr., No. 1:22-cv-01965 (M.D. Pa. Jan. 30, 2024).
    See, e.g., Stewart v. Varano, 601 F. App’x 107, 110 (3d Cir. 2015) (unpublished) (holding that “thirty days of cell restriction” does not impose atypical and significant hardship triggering due process protections under Sandin); Armstrong…
  • Maulsby v. Ephrain, No. 2:22-cv-04840 (E.D. Pa. June 14, 2023).
    (Maulsby Response 2, ECF 14); see also Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir. 2005) (personal involvement requirement); Iwanicki v. Pa. Dep’t of Corr., 582 F. App’x 75, 81 (3d Cir. 2014) (unpublished) (violating grievance procedures…
  • Woodward v. Harden, No. 1:23-cv-00445 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
  • Woodward v. Tambini, No. 1:23-cv-00450 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
Show 6 more citing cases
  • Woodward v. New Jersey State Parole Bd., No. 1:23-cv-00444 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
  • Woodward v. Robinson, No. 1:23-cv-00446 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
  • Woodward v. Ahearn, No. 1:22-cv-03812 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
  • Small v. Kauffman, No. 1:20-cv-01242 (M.D. Pa. Dec. 3, 2021).
    (Doc. 1, p. 3.) Small alleges that Green denied his June 19, 2020 grievance setting forth his COVID-19 claims as untimely even though the events complained of were “on going.” (Id., p. 2.) Defendants argue Small has failed to allege Green’…
  • Just. v. Lowe, No. 7:20-cv-00294 (W.D. Va. Aug. 6, 2021).
    Iwanicki v. Pa. Dep’t of Corr., 582 F. App’x 75, 81 (3rd Cir. 2014); see also Bloom v. McPherson, 346 F. App’x 368, 373 (10th Cir. 2009) (“[W]e agree with the Seventh Circuit’s conclusion that the Due Process Clause does not apply to a ver…
  • Gillmore v. Lamas, No. 2:19-cv-05571 (E.D. Pa. Feb. 11, 2020).
    See Santiago v. Warminster Twp., 629 F.3d 121, 133 (3d Cir. 2010) (“Allegations that are ‘merely consistent with a defendant's liability’ or show the ‘mere possibility of misconduct’ are not enough”); See Iwanicki v. Pennsylvania Dep’t of…
At page 80 Failure to state a claim regarding constitutional violations6 citing cases“freedom from restraint that imposes atypical and significant hardship ... in relation to the ordinary incidents of prison life,”the opinion's own words at *80, quoted by 1 later opinions
  • Woodward v. Harden, No. 1:23-cv-00445 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
  • Woodward v. Tambini, No. 1:23-cv-00450 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
  • Woodward v. New Jersey State Parole Bd., No. 1:23-cv-00444 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
  • Woodward v. Robinson, No. 1:23-cv-00446 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
  • Woodward v. Ahearn, No. 1:22-cv-03812 (D.N.J. Jan. 25, 2023).unpublished 2 cites
    Iwanicki v. Pennsylvania Dep't of Corr., 582 F. App'x 75, 80 (3d Cir. 2014). 3.
  • Gittens v. Pepper, No. 3:23-cv-17721 (D.N.J. Nov. 14, 2024).unpublished
    See Iwanicki v. Pa. Dep’t of Corr., 582 F. App’x 75, 80 (3d Cir. 2014).
At page 82 “mere notification of a grievance does not allege sufficient personal involvement because it does not establish that the defendants personally directed or acquiesced in the retaliation.”0 citing cases5 citing courts quote it
    Other citing cases1 with no pin cite or quoted language on record
    Retrieving the full opinion text from the archive…
    Christopher IWANICKI, Appellant
    v.
    PENNSYLVANIA DEPARTMENT OF CORRECTIONS; Secretary, Pennsylvania Department of Corrections; Susan Hueston; Deb Alford; SCI-Mercer; Brian Thompson; A. Shiock; James Oppman; Capt. White; Lt. Byers; John Doe, Hearing Examiner
    13-3996.
    Court of Appeals for the Third Circuit.
    Aug 26, 2014.
    Unpublished opinion
    582 F. App'x 75
    Christopher Paul Iwanicki, Dallas, PA, pro se., Ronald W. Chadwell, Esq., Pennsylvania Department of Corrections Office of Chief Counsel, Camp Hill, PA, Raymond W. Dorian, Esq., Pennsylvania Department of Corrections Office of Chief Counsel, Mechanicsburg, PA, for Pennsylvania Department of Corrections.
    Fuentes, Jordan, Per Curiam, Shwartz.
    Cited by 34 opinions  |  Unpublished
    Pinpoint authority: bottom 41%

    OPINION

    PER CURIAM.

    Christopher Iwanicki, a state prisoner proceeding pro se, appeals from the District Court’s order dismissing his complaint. We will affirm.

    Iwanicki was incarcerated at the State Correctional Institution in Mercer, Pennsylvania (“SCI-Mercer”) when the events occurred that gave rise to his civil action. While working as a legal aide in the prison law library, Iwanicki used a library computer to write to Deb Alvord, [1] a paralegal in the Office of Chief Counsel for the Department of Corrections, complaining about certain library policies at SCI-Mercer. He used an interlibrary loan envel[*78] ope to mail the letter. Iwanicki did this without authorization. [2]

    According to Iwanicki, his letter was wrongfully retrieved by a prison staff member, and he was suspended from his job pending investigation. He was subsequently charged with: (1) refusing to obey an order, [3] (2) unauthorized use of the mail or telephone, (3) lying to staff, and (4) theft of services. He was found guilty of the charged misconduct after a disciplinary hearing. Sanctions were imposed, which Iwanicki identified as a reprimand, the loss of his job, and an assessment for one envelope. Iwanicki filed grievances regarding the matter, which apparently were denied.

    Iwanicki then filed suit under 42 U.S.C. § 1983, primarily alleging that the Defendants retaliated against him for trying to exercise his rights of free speech and access to the courts. The Defendants moved to dismiss the complaint for failure to state a claim. After the parties consented to proceed before a United States Magistrate Judge, the motion to dismiss was granted. In addition to concluding that the claims were subject to dismissal for various reasons, the Magistrate Judge also noted that Iwanicki had refused the opportunity to amend his complaint, and that, in any event, amendment would be futile. This appeal followed.

    We have jurisdiction pursuant to 28 U.S.C. § 1291 and exercise plenary review over the decision to grant the motions to dismiss. Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir.2000). When considering a motion to dismiss a complaint, a court must view the factual allegations as true and dismiss only if the complaint does not allege “enough facts to state a claim to relief that is plausible on its face.” Bell All. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). We may affirm on any ground supported by the record. See Tourscher v. McCullough, 184 F.3d 236, 240 (3d Cir.1999).

    To establish liability under 42 U.S.C. § 1983, a plaintiff “must establish that [he] was deprived of a federal constitutional or statutory right by a state actor.” Kach v. Hose, 589 F.3d 626, 646 (3d Cir.2009). We agree that dismissal of the claims was appropriate as to Defendants Wetzel, Hueston, Thompson, White, Alvord, Department of Corrections, and SCI-Mercer for substantially the reasons given by the Magistrate Judge. [4] The[*79] claims regarding the other Defendants require fuller discussion.

    The remaining Defendants are SCI-Mercer staff involved in the investigation, the disciplinary proceedings, and the grievance review process. Iwanicki alleged that Principal Oppman violated 18 U.S.C. § 1702 (obstruction of correspondence) and 18 U.S.C. § 1708 (theft or receipt of stolen mail) by “retrieving” the letter he sent to the Office of Chief Counsel. This claim is undermined by Iwanicki’s exhibits: (1) the misconduct report indicates that he used the institutional mail system instead of the United States Postal Service (“USPS”) to mail his letter, and (2) a letter from the USPS shows that he was informed that mail service within a prison does not fall under the authority of the USPS. Iwanicki thus failed to state a claim for violation of federal law concerning the mail because he did not use the mail. To the extent that the complaint can be read to make a free speech claim based on the right to use the mail, and to the extent the right can be asserted under the circumstances here, [5] a single instance of interference with mail is usually insufficient to constitute a First Amendment violation, and Iwanicki has alleged nothing that suggests that this general principle should not apply here. See, e.g., Davis v. Goord, 320 F.3d 346, 351 (2d Cir.2003).

    Iwanicki also claimed that Opp-man started the investigation in retaliation for Iwanicki’s exercising his right to free speech and access to the court. For a retaliation claim, a prisoner must show that: (1) he engaged in a constitutionally protected activity, (2) he suffered adverse action by prison officials “sufficient to deter a person of ordinary firmness from exercising his [constitutional] rights,” and (3) the protected activity was a substantial or motivating factor in the official’s decision to take adverse action. Rauser v. Horn, 241 F.3d 330, 333 (3d Cir.2001) (alteration in original) (quoting Allah, 229 F.3d at 225). As we previously noted, it is questionable whether the correspondence at issue here is constitutionally protected. Nevertheless, it is clear that Iwanicki failed to show that the fact that he tried to complain about library policies was a substantial or motivating factor behind the investigation. His allegation that it was is merely conclusory. Moreover, he undermined this conclusory allegation by stating in his complaint that the investigation was started “for security rationale [sic].” In addition, the misconduct report indicated that Iwanicki admitted to using the library computer and institutional mail without the librarian’s knowledge. As a result of the investigation, Iwanicki was charged with unauthorized use of the mail and refusing to obey an order, not with any[*80] misconduct related to the substance of his intercepted letter. In light of the sparse nature of the allegation against Oppman, which is undercut by another statement in the complaint and by the misconduct report, we conclude that Iwanicki did not present sufficient factual matter to plausibly show that the decision to investigate him for possible infractions was pretextual. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (“a complaint [does not] suffice if it tenders ‘naked assertion[s]’ devoid of ‘further factual enhancement’ ”) (second alteration in original) (quoting Twombly, 550 U.S. at 557,127 S.Ct. 1955). [6]

    Iwanicki’s allegation against Lieutenant Byers is limited to complaining that Byers took longer to complete the investigation and misconduct report than allowed by regulations. The Magistrate Judge concluded that Iwanicki failed to state a claim because Byers complied with applicable regulations by explaining the reason for the delay. We note that the claim must be dismissed because it is based on state law, not on the Constitution or federal law as required by section 1983. See Each, 589 F.3d at 646.

    Turning to the disciplinary proceedings, Iwanicki claimed that the Hearing Examiner violated his constitutional rights by convening an unlawful criminal tribunal and forcing him to enter a guilty plea pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). He also alleged that he was denied equal protection of the law and that the disciplinary proceedings were conducted in violation of “Administrative Practice/Procedure Law and any Pa. D.O.C. Policy.” It is well-established that “[p]rison disciplinary proceedings are not part of a criminal prosecution, and the full panoply of rights due a defendant in such proceedings does not apply.” Wolff v. McDonnell, 418 U.S. 539, 556, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Accordingly, Iwanicki failed to state a claim insofar as he challenged the nature of the disciplinary proceedings or his guilty plea. As for the equal protection claim, we agree with the Magistrate Judge that it was not sufficiently pled because Iwanicki made no allegation that he received treatment different from that received by similarly situated individuals. See Phillips v. Cnty. of Allegheny, 515 F.3d 224, 244-45 (3d Cir.2008) (to state an equal protection claim, a plaintiff must allege that he was treated differently from others similarly situated; “general accusations and the invocation of the Equal Protection Clause are not enough.”)

    The Magistrate Judge liberally construed Iwanicki’s allegation regarding the conduct of the proceedings as a procedural due process claim. In general, to prevail on such a claim, a plaintiff must show the deprivation of a protected liberty or property interest that occurred without due process of law. See Burns v. Pa. Dep’t of Corr., 544 F.3d 279, 285 (3d Cir. 2008). Prisoners typically have a protected liberty interest only in “freedom from restraint” that “imposes atypical and significant hardship ... in relation to the ordinary incidents of prison life.” Sandin v. Conner, 515 U.S. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). State regulations do not create a liberty interest unless they confer a right to freedom from restraint as described in Sandin. See Griffin v. Vaughn, 112 F.3d 703, 708 (3d Cir.1997). Because Iwanicki relies on un[*81] specified “administrative law” and prison policies, he has failed to meet the threshold requirement of alleging a protected liberty interest. Nonetheless, to the extent he challenges the sanctions imposed as a result of an allegedly fraudulent misconduct report, we agree with the Magistrate Judge that the allegations fall short of stating a due process violation. We have held that an allegedly fraudulent misconduct report and the related sanction of disciplinary confinement for seven months did not violate a protected liberty interest where there was no evidence that the proceedings were instituted solely in retaliation for the exercise of a constitutional right. See Smith v. Mensinger, 293 F.3d 641, 653-54 (3d Cir.2002). Here, Iwanicki failed to state a claim for retaliation, and the sanctions he alleged were imposed upon him after the hearing — loss of his prison job, [7] a reprimand, and assessment for one envelope — do not rise to the level of an atypical or significant hardship. Accordingly, the due process claim against the Hearing Examiner was properly dismissed.

    Turning to grievance review, Iwanicki alleged that Defendant Shiock improperly rejected a grievance and “obstructed [him] from contact with appropriate Federal/State authorities to report criminal violations at law.” To put the allegations in context, Iwanicki filed a grievance with Shiock complaining that “unknown persons” took his mail for the “private use” of starting disciplinary proceedings against him. He requested contact with federal and state officials to file a criminal complaint. He did not state how the grievance was resolved, but he included with the complaint a subsequent “Inmate’s Request to Staff Member” in which he accused Shiock of “obstructing contact with law enforcement to report criminal conduct” at the behest of the “party to this conduct.” Shiock responded by advising Iwanicki that his request needed to be submitted in the proper format if it was meant to appeal the handling of his grievance.

    The Magistrate Judge dismissed the claim because prisoners do not have a constitutional right to prison grievance procedures. See, e.g., Massey v. Hetman, 259 F.3d 641, 647 (7th Cir.2001) (collecting cases). We agree. Violations of grievance procedures do not give rise to a cognizable claim under section 1983. See Hoover v. Watson, 886 F.Supp. 410, 418-19 (D.Del.1995), aff'd, 74 F.3d 1226 (3d Cir. 1995). To the extent that Iwanicki claimed that Shiock’s alleged mishandling of his grievance was part of the institutional retaliation for his letter to the Office of Chief Counsel, the claim is also subject to dismissal. As noted, it is questionable whether Iwanicki was engaged in constitutionally protected activity. Moreover, Iwanicki failed to plead anything suggesting that the mishandling of his grievance was sufficiently adverse to deter him from exercising his rights. See Rauser, 241 F.3d at 333. As for his claim that Shiock “obstructed” him from contacting government officials to report criminal activity, we agree with the Magistrate Judge that he did not allege any facts suggesting that Shiock prevented him from making such contact. He merely presented an accusation. Accordingly, the complaint did not state a plausible claim for relief. See Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (noting that the pleading standard “demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation.”)

    Finally, Iwanicki alleged that the Defendants violated his Eighth[*82] Amendment rights by terminating his prison job, changing his custody level, and denying him parole. We agree with the Magistrate Judge that Iwanicki failed to state a claim because the complaint is devoid of any detail or supporting facts regarding his custody status or any parole decisions. Furthermore, the loss of the prison job does not state a claim under the Eighth Amendment because it does not constitute a viable assertion of unnecessary and wanton infliction of pain devoid of penological justification. See Hope v. Pelzer, 5 36 U.S. 730, 737, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002).

    In his notice of appeal, Iwanicki makes the general argument that the Magistrate Judge used the wrong legal standards and an incorrect view of the facts to dismiss his complaint. Our opinion describes the legal basis for affirming the Magistrate Judge’s decision. However, one of Iwanicki’s assertions warrants additional comment. He claims that the Magistrate Judge erroneously based her decision on “a non-existent amended complaint.” This is simply not true. The opinion below explained that the amended complaint was not considered because Iwanicki represented to the court that he did not want it to be construed as such and sought to withdraw it. Iwanicki’s express disavowal of any intention to amend his complaint further supports the Magistrate Judge’s dismissal without leave to amend.

    Also before us is Iwanicki’s “Petition for Emergency Injunction with Immediate Financial Ability to Pay Hearing Under Due Process.” Iwanicki sought and was granted leave to proceed in forma pauperis on appeal. Nevertheless, he now challenges the Clerk’s order requiring him to pay the full appellate filing and docketing fees. He argues that he is being “taxed twice” under the in forma pauperis statute, 28 U.S.C. § 1915, when he is only obligated to pay the fee once in the District Court. He is wrong. The statute “plainly requires a prisoner to pay the fees if he ‘brings a civil action or files an appeal ....’” Porter v. Dep’t of Treasury, 564 F.3d 176, 180 (3d Cir.2009) (quoting 28 U.S.C. § 1915(b)(1)). A prisoner’s legal obligation to pay the fee is incurred by the filing of the notice of appeal in forma pauperis. See Hall v. Stone, 170 F.3d 706, 707 (7th Cir.1999). We have no authority to waive the appellate filing fee, and in forma pauperis status does not result in a waiver of the fee. See Porter, 564 F.3d at 180. Instead, it allows the prisoner to pay the fee in installments when he has accrued sufficient funds in his prison account. Id.

    For the foregoing reasons, we will summarily affirm the Magistrate Judge’s order dismissing Iwanicki’s complaint and we will deny his petition for a hearing regarding his ability to pay the appellate filing fee. See 3d Cir. L.A.R. 27.4; I.O.P. 10.6.

    1

    . Iwanicki incorrectly refers to Defendant Alvord as "Alford.”

    2

    . Iwanicki maintains that the prison librarian was aware of his actions, but a misconduct report notes that he mailed the letter without her knowledge.

    3

    . It appears that Iwanicki was informed when hired that he could not access the library computers for personal use. On appeal, he maintains that his actions were authorized by a Department of Corrections policy, but he fails to identify any provision that permits personal use of a library computer.

    4

    . The Magistrate Judge dismissed the claims against the individual defendants because Iwanicki failed to allege sufficient personal involvement to establish liability under section 1983. Iwanicki's basic claim was that disciplinary proceedings were brought in retaliation for his letter. His sole allegation against Wetzel (Secretary of the Department of Corrections), Thompson (Superintendent of SCI-Mercer), Hueston (former Chief Counsel for the Department), and Alvord (paralegal for the Department) was that they were notified of the grievances he filed regarding the retaliation. But mere notification of a grievance does not allege sufficient personal involvement because it does not establish that the Defendants personally directed or acquiesced in the retaliation. See Rode v. Dellarciprete, 845 F.2d 1195, 1207-08 (3d Cir. 1988). To the extent that Iwanicki was relying on the supervisory role of most of these Defendants — including Captain White, whose alleged approval of the investigation and misconduct report appears to rest only on the fact that the misconduct report had to be reviewed and signed by the ranking corree[*79] tional officer on duty — a theory of respondeat superior is not sufficient for liability under section 1983. Id. at 1207. Finally, the Magistrate Judge appropriately dismissed the claims against the Department and SCI-Mercer. The claims are barred by the Eleventh Amendment because Congress has not abrogated the States’ immunity from section 1983 claims, Quern v. Jordan, 440 U.S. 332, 345, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979), and Pennsylvania has not consented to suit in federal court. Laskaris v. Thornburgh, 661 F.2d 23, 25 (3d Cir.1981). Furthermore, the Department and SCI-Mercer are not “persons” within the meaning of § 1983. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 64, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989).

    5

    . A prisoner's right to use the mail is usually discussed in terms of personal mail to and from those outside the prison system. See, e.g., Thornburgh v. Abbott, 490 U.S. 401, 407, 109 S.Ct. 1874, 104 L.Ed.2d 459 (1989). In contrast, Iwanicki used an interlibrary loan envelope to send the letter through institutional mail. This implies that there was no outward indication, by design, that the letter was personal or legal inmate correspondence.

    6

    . Iwanicki's retaliation claims concerning the decision to charge him with misconduct and the finding of guilt are subject to dismissal for the same reason: it is questionable whether he was engaged in constitutionally protected conduct and he failed to do more than allege that any such conduct was a motivating factor for the proceedings.

    7

    . As the Magistrate Judge noted, there is no independent liberty or property interest in a prison job. See James v. Quinlan, 866 F.2d 627, 629-30 (3d Cir. 1989).