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Michael Okpor v. Dale A. Ryker

June 25, 2012

MICHAEL OKPOR, PLAINTIFF,
v.
DALE A. RYKER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. Jerome B. Simandle

OPINION

SIMANDLE, Chief District Judge:

I. INTRODUCTION

Plaintiff Michael Okpor, representing himself, has filed a complaint seeking relief from Defendants Dale A. Ryker, Berlin Farmers Market, Hanover Insurance Group, and William Grover for claims relating to an automobile accident and an automobile sale.

The Court has reviewed Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit. (Docket Item 2, Attach.

1.) Because the Affidavit discloses that Plaintiff is indigent, the Court will permit the Complaint to be filed without prepayment of fees, pursuant to 28 U.S.C. § 1915.

The Court is also required by Section 1915 to preliminarily review each complaint filed in forma pauperis and to "dismiss the case at any time if the court determines that...the action... (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915 (e)(2)(B).

In determining the sufficiency of a pro se complaint, the Court must be mindful to construe it liberally in favor of the plaintiff. Haines v. Kerner, 404 U.S. 519, 520-21 (1972); United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992).

A complaint is frivolous if it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989) (interpreting the predecessor of § 1915(e)(2), the former § 1915(d)). The standard for evaluating whether a complaint is "frivolous" is an objective one. Deutsch v. United States, 67 F.3d 1080, 1086-87 (3d Cir. 1995).

With these principles in mind, the Court turns to its analysis under 28 U.S.C. § 1915(e)(2).

II. FACTUAL AND LEGAL ALLEGATIONS

The Court will attempt to outline the facts asserted in the multiple and confusing amended complaints.

The Plaintiff and Defendants Dale A. Ryker and William Grover are New Jersey residents; Defendant Berlin Farmer's Market is located in New Jersey. (Sec. Am. Compl. at 3.) Defendant Hanover Insurance Group is located in New York. (Id.)

On September 6, 2011, the Plaintiff was in an automobile accident with Defendant Ryker, who failed to use the turn signal, did not yield to traffic, and generally drove negligently. (Sec. Am. Compl. at 4-5.) After the accident, Defendant Ryker drove away. (Sec. Am. Compl. at 4.) As a result of this accident, the Plaintiff suffered severe injuries, lost income, and incurred medical expenses. (Sec. Am. Compl. at 6.) The Plaintiff's insurance claim was denied because Defendant William Grover ...


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