PHILLIP G. NERI, Plaintiff,
NEW JERSEY STATE PAROLE BOARD, et al., Defendants.
ROBERT B. KUGLER, District Judge.
Plaintiff is currently incarcerated at the Mid-State Correctional Facility in Wrightstown, New Jersey. He is proceeding pro se with a civil rights complaint filed pursuant to 42 U.S.C. § 1983. On June 28, 2013, the Court administratively terminated the case as Plaintiff has neither paid the applicable filing fee nor submitted an application to proceed in forma pauperis. Subsequently, Plaintiff submitted an amended complaint along with an application to proceed in forma pauperis. Accordingly, the Clerk will be ordered to reopen this case. Based on the in forma pauperis application, the Court will grant plaintiff's application and will order the Clerk to file the amended complaint.
At this time, the Court must review the amended complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A 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 suit. For the reasons set forth below, the amended complaint will be dismissed for failure to state a claim, and Plaintiff will be granted leave to amend.
Plaintiff brings this civil rights action against Defendants, the New Jersey State Parole Board, James Plouis, Chief Craig Shindewolf, Officer D'Amico, Officer Shirley Brown and Hearing Officer Carla Shabazz. The following factual allegations are taken from the complaint, and are accepted as true for purposes of screening the complaint only.
The thrust of Plaintiff's complaint arises from his parole revocation proceedings that occurred earlier this year. Plaintiff's parole was recommended to be revoked by Hearing Officer Shabazz on February 22, 2013 based on the following violations:
PSL Condition # 20 - Refrain from any contact with any group, club, association or organization that engages in, promotes or encourages illegal or sexually deviant behavior.
PSL Special Condition - Refrain from possession or use of a computer with Internet access without prior approval of the District Parole Supervisor.
PSL - Special Condition - Refrain from using any computer and/or device to create any social networking profile or to access any social networking service.
(Civ. No. 13-4555, Dkt. No. 1 at p. 15.) On April 24, 2013, the New Jersey State Parole Board adopted the recommendation of Hearing Officer Shabazz. ( See id. )
Plaintiff states that Defendant Brown went online to an adult fantasy website and downloaded, printed or purchased incriminating evidence against Plaintiff so that it made Plaintiff look like he was violating the terms of his parole. ( See Dkt. No. 5 at p. 9.) He claims that his Fifth Amendment Due Process rights were violated by this evidence tampering. ( See id. )
Plaintiff also asserts that Defendant D'Amico yelled and verbally threatened Plaintiff "during a biased' and unjust polygraph" test." ( Id. at p. 10.) Plaintiff also states that Defendant D'Amico fabricated what took place during the polygraph exam and falsified police reports. ( See id. )
Plaintiff further alleges that he wrote to Defendants Plouis and Schindewolf several times explaining the constitutional violations arising from his parole revocation ...