APPEARANCES: Howard David Henigan, Pro Se 255 Bridgeton Fairton Road Bridgeton, NJ 08302 KUGLER, District Judge
The opinion of the court was delivered by: Robert B. Kugler United States District Judge
Plaintiff was confined at the Cumberland County Jail, Bridgeton, New Jersey, at the time he submitted this civil action alleging violations of his constitutional rights. He has applied to proceed in forma pauperis ("IFP"), pursuant to 28 U.S.C. § 1915. At this time, the Court must review the complaint, pursuant to 28 U.S.C. § 1915(e), to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who is immune from such relief. For the following reasons, the complaint must be dismissed, without prejudice.
Plaintiff seeks to sue the Cumberland County Department of Corrections and the Cumberland County Board of Freeholders, alleging that between January 25, 2010 and June 3, 2010, he was not provided proper medical care and proper medication for psychiatric problems while housed in Cumberland County. Plaintiff contends that his health and safety were at risk while he was confined, and seeks monetary relief.
The Prison Litigation Reform Act ("PLRA"), Pub. L. No. 104-134, §§ 801-810, 110 Stat. 1321-66 to 1321-77 (April 26, 1996), requires a district court to review a complaint in a civil action in which a prisoner is proceeding in forma pauperis or seeks redress against a governmental employee or entity. The Court is required to identify cognizable claims and to sua sponte dismiss any claim that is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. This action is subject to sua sponte screening for dismissal under both 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, because plaintiff is a prisoner and is proceeding as an indigent.
In determining the sufficiency of a pro se complaint, the Court must be mindful to construe it liberally in favor of the plaintiff. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007) (following Estelle v. Gamble, 429 U.S. 97, 106 (1976) and Haines v. Kerner, 404 U.S. 519, 520-21 (1972)). See also United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992).
Recently, the Supreme Court refined the standard for summary
dismissal of a complaint that fails to state a claim in Ashcroft v.
Iqbal, 129 S. Ct. 1937 (2009). The Court examined Rule 8(a)(2) of the
Federal Rules of Civil Procedure which provides that a complaint must
contain "a short and plain statement of the claim showing that the
pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2).*fn1
Citing its recent opinion in Bell Atlantic Corp. v. Twombly,
550 U.S. 544 (2007), for the proposition that "[a] pleading that
offers 'labels and conclusions' or 'a formulaic recitation of the
elements of a cause of action will not do,'" Iqbal, 129 S. Ct. at 1949
(quoting Twombly, 550 U.S. at 555), the Supreme Court held that, to
prevent a summary dismissal, a civil complaint must now allege
"sufficient factual matter" to show that the claim is facially
plausible. This then "allows the court to draw the reasonable
inference that the defendant is liable for the misconduct alleged."
See id. at
1948. The Supreme Court's ruling in Iqbal emphasizes that a plaintiff must demonstrate that the allegations of his complaint are plausible. See id. at 1949-50; see also Twombly, 505 U.S. at 555, & n.3; ...