Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Schneider v. United States

May 23, 2008

FREDERICK SCHNEIDER PLAINTIFF,
v.
UNITED STATES OF AMERICA, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Simandle, District Judge

MEMORANDUM OPINION

This matter is before the Court on Plaintiff's application to proceed in forma pauperis. THIS COURT FINDS AS FOLLOWS:

1. Plaintiff Frederick Schneider, pro se, filed this action against a long list of federal and private defendants, asserting claims premised upon New Jersey tort law and multiple federal constitutional and statutory laws.

2. Plaintiff has filed an application to proceed in forma pauperis, which the Court must review pursuant to 28 U.S.C. § 1915. Under that section, "any court of the United States may authorize the commencement . . . of any suit . . . without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor." 28 U.S.C. § 1915(a). The statute further provides that "[n]otwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action . . . is frivolous or . . . fails to state a claim on which relief may be granted." § 1915(e)(2).

3. Based upon the contents of Plaintiff's application, the Court finds that Plaintiff is unable to pay the costs of initiating these proceedings and will grant his application to proceed in forma pauperis under § 1915(a). For the reasons set forth below, however, the Court has determined that Plaintiff's action "fails to state a claim on which relief may be granted" and will accordingly dismiss the case pursuant to § 1915(e)(2)(B)(ii).

4. The Court is well acquainted with Plaintiff's claims against the United States, the Department of Housing and Urban Development ("HUD"), and various private individuals associated with the Best of Life Park Apartments ("BLPA") complex located in Atlantic City, New Jersey. On July 14, 2006, Plaintiff filed a lawsuit against, inter alia, the United States and many of the same private individuals affiliated with BLPA, asserting claims premised upon New Jersey tort law. See Schneider v. United States ("Schneider I"), Civil Action No. 06-3200 (JBS), dkt. item 1. After several defendants in that case moved to dismiss for lack of subject matter jurisdiction, the Court permitted Plaintiff to amend his Complaint to assert a claim premised upon federal law. Schneider I, dkt. item 36. Plaintiff filed an Amended Complaint with a new claim alleging that the defendants violated a laundry list of constitutional and statutory federal laws. Schneider I, dkt. item 37.

5. On August 15, 2007, Plaintiff filed another complaint with this Court, naming as defendants the BLPA Defendants, the United States, HUD, and various HUD employees. See Schneider v. United States, et al., Civil Action No. 07-3887 (JBS) ("Schneider II"), dkt. item 1. Plaintiff's complaint in Schneider II was nearly identical to the Complaint presently under consideration. On November 20, 2007, the Court wrote Plaintiff a letter informing him that the Court was unable to make its determination as to whether to grant Plaintiff's request to proceed in forma pauperis under 28 U.S.C. § 1915(e)(2)(B) because Plaintiff's Complaint was unclear. Schneider II, dkt. item 2. In its letter, the Court directed Plaintiff as follows:

I ask that you amend your Complaint within fifteen (15) days of the entry of this letter order and clarify what happened to you, who inflicted what injuries on you, and what relief you are seeking. It is unclear to me what each Defendant allegedly did to you and how you were harmed by that conduct.

Id.

6. Plaintiff did not amend his complaint in Schneider II to clarify the matters raised in the Court's November 20, 2007 letter. Instead, Plaintiff voluntarily dismissed his complaint in Schneider II and filed a motion to amend his complaint in Schneider I to include the Schneider II claims. Schneider I, dkt. item 99.

7. On March 7, 2008, the Court granted the defendants' motion to dismiss Plaintiff's complaint in Schneider I. With regard to Plaintiff's federal claims, the Court stated that

Just as a plaintiff's "formulaic recitation of the elements of a cause of action" is insufficient to satisfy Rule 8(a)'s liberal pleading requirements, [Bell Atl. Corp. v. Twombly, U.S. , 127 S.Ct. 1955, 1964 (2007)], the recitation of a laundry list of statutes with what at best can be described as having an indistinct tie to the facts alleged in the Amended Complaint does not constitute "a short and plain statement of the claim showing that the pleader is entitled to relief," which the Federal Rules of Civil Procedure require that even pro se litigants' pleadings contain. F. R. Civ. P. 8(a)(2).

Schneider I, dkt. item 113 at 12-13.

8. In its March 7, 2008 Opinion and Order, the Court also denied Plaintiff's motion to file a second amended complaint to add the claims and defendants ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.