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Jackson v. Wallace

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


November 19, 2008

ZENAIDA JACKSON PLAINTIFF,
v.
WENDY WALLACE, DEFENDANT.

The opinion of the court was delivered by: William J. Martini, U.S.D.J.

ORDER

This matter having been raised by Plaintiff Zenaida Jackson seeking an application to proceed without the payment of fees under 28 U.S.C. § 1915; and the Court having sua sponte screened the Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) to determine if it is fails to state a claim upon which relief may be granted; and it appearing that Plaintiff and Defendant Wendy Wallace are residents of the State of New Jersey; and therefore, Plaintiff having failed to demonstrate subject matter jurisdiction for her state tort-related claims through diversity of citizenship pursuant to 28 U.S.C. § 1332; and Plaintiff having failed to allege any facts suggesting any violation of federal law in the Complaint or provide any other grounds for this Court's subject matter jurisdiction; and for good cause shown;

IT IS on this 19th day of November, 2008, hereby,

ORDERED that Plaintiff's application to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915(a); and it is

FURTHER ORDERED that the Clerk of the Court shall file the Complaint without the prepayment of fees and security; and it is

FURTHER ORDERED that Plaintiff may amend her Complaint to cure any of the deficiencies noted by the Court within thirty (30) days; and it is

FURTHER ORDERED that should Plaintiff fail to appropriately amend her Complaint, the Complaint will be DISMISSED sua sponte pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted, and the case will be CLOSED.

20081119

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