In re: Scott Lykens
CourtSuperior Court of Pennsylvania
Date FiledNovember 9, 2026
Docket491 MDA 2026
JudgeMurray
StatusUnpublished
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Full Opinion
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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT O.P. 65.37
IN RE: SCOTT LYKENS : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
Appellant :
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: No. 491 MDA 2026
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Appeal from the Order Entered February 23, 2026
In the Court of Common Pleas of Centre County Civil Division at No(s):
2025-CV-1883-CI
BEFORE: STABILE, J., MURRAY, J., and KING, J.
MEMORANDUM BY MURRAY, J.: FILED: NOVEMBER 9, 2026
Scott Lykens (Appellant), pro se, appeals from the order denying and
dismissing Appellant’s petition for review of the District Attorney of Centre
County’s (DA) disapproval of his private criminal complaint. After careful
review, we affirm.
On November 18, 2024, Appellant filed nine private criminal complaints
with the DA’s office, seeking to file criminal charges against various employees
of the federal Bureau of Prisons (BOP). See generally Motion to Correct and
Supplement Record, 3/13/26, Substituted Exhibit 1.1 In general, Appellant
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1 Appellant inadvertently attached blank copies of the private criminal
complaint forms to his petition for review. On March 13, 2026, Appellant filed
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alleged the BOP miscalculated or misapplied his earned time credit under the
First Step Act of 2018, see Pub. L. No. 115-391 (2018), relative to his term
of federal incarceration at United States Penitentiary (USP) Lewisburg.2 The
DA denied Appellant’s private criminal complaints, explaining that 1) the DA
lacked jurisdiction over BOP facilities located outside of Centre County; 2) the
DA lacked jurisdiction over Appellant’s claims, related to the interpretation of
federal law; and 3) Appellant provided insufficient evidence of the actors’
criminal intent. Petition for Review, 1/21/26, Exhibit 2 (DA’s letter, dated Feb.
24, 2025, denying Appellant’s private criminal complaints).3
On January 21, 2026, Appellant filed a pro se petition for review of the
DA’s denial of his private criminal complaint.4 The Commonwealth did not file
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a motion to correct and supplement the record, wherein he requested
permission to substitute the blank forms with copies of the private criminal
complaints he submitted to the DA. The trial court granted Appellant’s motion.
2 While the details concerning Appellant’s federal sentence do not appear of
record, the trial court noted that Appellant had previously pled guilty to one
count of willful failure to pay over taxes. See 26 U.S.C.A. § 7202.
3 Appellant also attached, as Exhibit 3, a copy of the civil complaint he filed
against the BOP employees in the Centre County Court of Common Pleas. See
Petition for Review, 1/21/26, Exhibit 3 (civil complaint).
4 In July 2025, prior to filing the petition for review, Appellant filed a writ of
summons, naming Bernie Cantorna, Esquire (DA Cantorna), in his official
capacity as the DA. See Writ of Summons, 7/15/25. Appellant later filed a
pro se “Motion to Compel Compliance with Subpoena to Produce Documents
or Things,” alleging he had issued a subpoena to the BOP, which went
unanswered. See Motion to Compel, 12/29/15. The trial court denied
Appellant’s motion to compel, explaining that the BOP, a federal agency, could
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a response. On February 23, 2026, the trial court issued an opinion and order
denying and dismissing Appellant’s petition for review. This timely appeal
followed. Appellant and the trial court have complied with Pa.R.A.P. 1925.5
Appellant raises the following issues for our review:
I. Did the [DA’s] disapproval [of Appellant’s private criminal
complaints] amount to bad faith, fraud, or unconstitutionality
under In re Ajaj, [288 A.3d 94 (Pa. 2023),] where each stated
ground was legally untenable and the [DA] disapproved without
conducting any investigation?
II. Did the trial court err in finding Centre County lacked venue,
where thirty-three counts arose while Appellant was held under
BOP home confinement at his Centre County residence, and where
18 Pa.C.S.[A.] § 102(a)(1) and Commonwealth v. Graham[,
196 A.3d 661 (Pa. Super. 2018),] fix venue wherever the conduct
or its result occurs?
III. Did the trial court err in sustaining the disapproval based on
a federal forum preference and premature anticipated defenses,
where Pennsylvania retains concurrent jurisdiction to enforce its
Crimes Code?
IV. Was disapproval for “insufficient evidence of criminal intent”
untenable, where the complaints alleged knowing conduct under
18 Pa.C.S.[A.] § 302(b)(2), supported by direct written notice to
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not be compelled to comply with a state court subpoena. See Order, 1/7/26.
DA Cantorna, through counsel, praeciped for a rule to file the complaint.
Appellant has not filed a separate civil complaint against DA Cantorna at this
docket, and our review is limited to the denial and dismissal of Appellant’s
petition for review of his private criminal complaints. We have corrected the
caption accordingly.
5 In its Rule 1925(a) opinion, the trial court relied on its opinion and order
denying and dismissing Appellant’s petition for review. The court also briefly
addressed Appellant’s final claim that the court had improperly relied on
Appellant’s filing of blank private criminal complaint forms. See generally
Rule 1925(a) Opinion, 4/20/26.
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each defendant and the BOP Deputy Director’s recorded
admission?
V. Was the [DA’s] demand for intent evidence he refused to
investigate—and that federal Touhy6 regulations barred Appellant
alone from obtaining—arbitrary and self-defeating, evidencing bad
faith under In re Ajaj and breaching the investigation duty [sic]
recognized in In re Wilson[, 879 A.2d 199 (Pa. Super. 2005) (en
banc)]?
VI. Should the trial court’s jurisdictional findings be afforded no
weight because they rested on a blank Exhibit 1, where the
corrected complaints, now in the certified record …, allege the
thirty-three Centre County counts the court never addressed?
Appellant’s Brief at 11 (footnote added).
We address Appellant’s claims simultaneously. Generally, Appellant
argues the DA’s denial of his private criminal complaints amounted to bad
faith, as the asserted bases were the result of “legal untenability” rather than
an exercise of discretion. Id. at 24; see also id. at 23-46. Appellant claims
the DA had jurisdiction over 33 of the 45 counts identified in his private
criminal complaints, because he was transferred from USP Lewisburg to home
confinement in Spring Township, Centre County, in February 2023. Id. at 30.
But see id. (acknowledging that home confinement was part of his federal
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6 U.S. ex rel. Touhy v. Ragen, 340 U.S. 462 (1951). Codified at 28 C.F.R.
§§ 16.21 et seq., Touhy regulations are rules issued by the Department of
Justice (DOJ) “concerning responses to subpoenas[.]” Gillette v. Warden
Golden Grove Adult Corr. Facility, 109 F.4th 145, 150 (3rd Cir. 2024); see
also id. at 155 (“[T]he DOJ has issued rules … that prohibit its employees
from disclosing information contained in, relating to, or based on material
contained in DOJ files as part of any proceeding to which the United States is
not a party, without prior approval.”).
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custody).7 Additionally, Appellant asserts the DA’s denial of his private
criminal complaints evidenced a preference for federal prosecution, rather
than a true jurisdictional limitation. Id. at 32-33. According to Appellant, the
private criminal complaints set forth a prima facie cause of action against the
BOP employees. See id. at 34-42. Further, Appellant argues the trial court
did not consider the private criminal complaints as amended following his
motion to correct and supplemental records, relying instead on the blank
forms he originally attached, as well as assumptions the court made after
reviewing Appellant’s civil complaint. Id. at 45-46.
Pennsylvania Rule of Criminal Procedure 506 permits a private citizen to
file private criminal complaints against another individual before an
appropriate issuing authority:
Rule 506. Approval of Private Complaints
(A) When the affiant is not a law enforcement officer, the
complaint shall be submitted to an attorney for the
Commonwealth, who shall approve or disapprove it without
unreasonable delay.
(B) If the attorney for the Commonwealth:
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7 Appellant did not assert that he was subject to home confinement in either
his petition for review or Exhibit 3 (civil complaint). This claim is therefore
waived, as he failed to raise it in the trial court. See Pa.R.A.P. 302(a) (“Issues
not raised in the trial court are waived and cannot be raised for the first time
on appeal.”). Nevertheless, as any period of home confinement was part of
Appellant’s federal sentence, his argument lacks merit for the reasons stated
herein.
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(1) approves the complaint, the attorney shall indicate this
decision on the complaint form and transmit it to the issuing
authority;
(2) disapproves the complaint, the attorney shall state the
reasons on the complaint form and return it to the affiant.
Thereafter, the affiant may petition the court of common pleas
for review of the decision.
Pa.R.Crim.P. 506.
“[T]he appellate standard of review for a trial court’s review of a district
attorney’s disapproval of a private, criminal complaint is the same as any other
sufficiency-of-the-evidence review: de novo.” In re Private Criminal
Complaint Filed by Animal Outlook, 349 A.3d 229, 234 (Pa. Super. 2025);
see also In re Ajaj, 288 A.3d at 109 (“denouncing the prior rubric, where
the applicable standard of review depended on the asserted basis for the
prosecutor’s approval decision.”). In Ajaj, our Supreme Court explained that
a court of common pleas may only overturn a prosecutor’s disapproval
decision if
the private criminal complaint demonstrates that the disapproval
decision amounted to bad faith, occurred due to fraud, or was
unconstitutional. … [B]ad faith is demonstrated when the
prosecutor acted with a fraudulent, dishonest, or corrupt purpose.
In re Ajaj, 288 A.3d at 109; see also In re Animal Outlook, 349 A.3d at
236 (“Absent affirmative proof of bad faith, fraud, or unconstitutionality, the
district attorney is free to prosecute whatever crimes he or she chooses.”).
Instantly, we discern no impropriety in the trial court’s decision to deny
and dismiss Appellant’s petition for review. Beyond a bald assertion that the
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DA denied his private criminal complaints in bad faith, Appellant has not
alleged or proven the DA acted with a fraudulent, dishonest, or corrupt
purpose in disapproving his private criminal complaint.
In denying and dismissing Appellant’s petition for review, the trial court
reasoned as follows:
The record overwhelmingly shows that [the DA] had sound
reasons for the disapproval. In this case, [Appellant’s] private
criminal complaints were disapproved because the conduct
alleged to be criminal occurred outside of the jurisdiction of the
[DA,] and there was insufficient evidence of criminal intent.
[Appellant] was serving a federal sentence in a federal
correctional institution outside of Centre County and argues that
the federal BOP improperly applied federal law as it relates to
earned time credits on that federal sentence. Even if the [c]ourt
were to assume there was sufficient evidence regarding the intent
element of the crimes charged, the [DA] and the Centre County
Court of Common Pleas lack jurisdiction to address [Appellant’s]
claims.
Opinion and Order, 2/23/26, at 4 (unpaginated).
Additionally, concerning Appellant’s final claim, the trial court stated
that it “did not rely on the fact that the private criminal complaints in the
original Exhibit 1 were blank.” Rule 1925(a) Opinion, 4/20/26, at 2
(unpaginated). Instead, the court explained, it had considered Exhibit 3 “and
expressly assumed that the private criminal complaints sought to file criminal
charges against the individuals named in the separate tort case for the same
facts set forth in that case.” Id.
We agree with the trial court’s reasoning and conclusion. Each of
Appellant’s claims arises out of the circumstances of his federal confinement
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and BOP’s application of the federal statute governing earned time credit
related to his federal sentence. The BOP is under the direction of the United
States Attorney General, and is responsible for myriad aspects of federal
incarceration, including a prisoner’s release and the calculation of time credit.
See generally 18 U.S.C.A. § 4042 (Duties of Bureau of Prisons); see also
id. § 3624 (Release of a prisoner). The DA, and in turn, the trial court,
therefore correctly concluded that jurisdiction over Appellant’s claims lies
within the federal system.
Because our state courts lack jurisdiction over Appellant’s claims, the
DA’s disapproval decision did not amount to bad faith, was not the result of
fraud, and was not unconstitutional. See In re Ajaj, 288 A.3d at 109; see
also id. at 111 (stating that “this Court cannot interfere with the prosecutor’s
discretionary decision given that the evidence of record does not establish that
the DA’s disapproval decision was improper.”). We therefore affirm the trial
court’s order denying and dismissing Appellant’s petition for review.
Order affirmed.
Judgment Entered.
Benjamin D. Kohler, Esq.
Prothonotary
Date: 11/9/2026
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