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.

Mullen v. Dep't Human Services

United States District Court, Third Circuit

August 27, 2013

LEO MULLEN, JR., Plaintiff,
v.
DEP'T HUMAN SERVICES, et al., Defendants.

LEO MULLEN, JR., Plaintiff pro se, 89913, Ancora Psychiatric Hospital, Ancora, N.J.

OPINION

ROBERT B. KUGLER, District Judge.

Plaintiff Leo Mullen, Jr. ("Plaintiff"), a patient at Ancora Psychiatric Hospital in Ancora, New Jersey at the time of filing, seeks to bring this action in forma pauperis . Based on his affidavit of indigence, the Court will grant Plaintiff's application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) and order the Clerk of the Court to file the complaint.

At this time, the Court must review the complaint, pursuant to 28 U.S.C. § 1915(e)(2), 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 reasons set forth below, the Court concludes that the complaint should be dismissed.

I. BACKGROUND

The following factual allegations are taken from the complaint, and are accepted for purposes of this screening only. The Court has made no findings as to the veracity of Plaintiff's allegations.

Plaintiff has alleged a claim against the following defendants: Jennifer Velez, Commissioner of Health and Human Services; Allen Boyer, C.E.O. of Ancora Hospital; Dr. Roate, Medical Director of Ancora Hospital; and John Does 1-20. Plaintiff alleges that Defendants Velez and Boyer knowingly and deliberately understaff Ancora Hospital, which is a safety issue for the residents. (Compl. ¶ 4b.) Plaintiff alleges that Defendant Roate has committed "medical malpractice" by "allowing unnecessary mental stress and physical harm to continue." ( Id. ) Plaintiff is seeking injunctive relief pursuant to 42 U.S.C. § 1983.

II. DISCUSSION

A. Legal Standard

1. Standards for a Sua Sponte Dismissal

Per the Prison Litigation Reform Act, Pub. L. No. 104-134, §§ 801-810, 110 Stat. 1321-66 to 1321-77 (April 26, 1996) ("PLRA"), district courts must review complaints in those civil actions in which a prisoner is proceeding in forma pauperis , see 28 U.S.C. § 1915(e)(2)(B), seeks redress against a governmental employee or entity, see 28 U.S.C. § 1915A(b), or brings a claim with respect to prison conditions, see 28 U.S.C. § 1997e. The PLRA directs district courts to sua sponte dismiss any claim that is frivolous, is 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. This action is subject to sua sponte screening for dismissal under 28 U.S.C. §§ 1915(e)(2)(B) because Plaintiff is proceeding as an indigent.

According to the Supreme Court's decision in Ashcroft v. Iqbal , "a pleading that offers labels or conclusions' or a formulaic recitation of the elements of a cause of action will not do.'" 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 555 (2007)). To survive sua sponte screening for failure to state a claim[1], the complaint must allege "sufficient factual matter" to show that the claim is facially plausible. Fowler v. UPMS Shadyside , 578 F.3d 203, 210 (3d Cir. 2009) (citation omitted). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Belmont v. MB Inv. Partners, Inc. , 708 F.3d 470, 483 n.17 (3d Cir. 2012) (quoting Iqbal , 556 U.S. at 678). Moreover, while pro se pleadings are liberally construed, " pro se litigants still must allege sufficient facts in their complaints to support a claim." Mala v. Crown Bay Marina, Inc. , 704 F.3d 239, 245 (3d Cir. 2013) (citation omitted) (emphasis added).

2. Section 1983 Actions

A plaintiff may have a cause of action under 42 U.S.C. § 1983 for certain violations of his constitutional rights. ...


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.