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Clark v. Capaldi-Corsi

United States District Court, D. New Jersey

March 31, 2015

KEVIN T. CLARK, Plaintiff,
v.
DENISE CAPALDI-CORSI, et al., Defendants.

OPINION

ROBERT B. KUGLER, District Judge.

I. INTRODUCTION

Plaintiff is proceeding pro se with a civil rights complaint filed pursuant to 42 U.S.C. § 1983. Plaintiff's application to proceed in forma pauperis will be granted based on the information provided therein and the Clerk will be ordered to file the complaint.

The Court must now review the 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 complaint will be dismissed with prejudice in part and without prejudice in part.

II. BACKGROUND

The allegations of the complaint will be construed as true for purposes of this screening. Plaintiff names five defendants in the complaint: (1) Denise Capaldi-Corsi - Court Clerk Vicinage XV Drug Court; (2) Kimberly Cherim-Clinton - Team Leader Vicinage XV Drug Court; (3) Nailah Green - TASC Evaluator Vicinage XV Drug Court; (4) Jennifer Ivins - TASC Evaluator Vicinage XV Drug Court; and (5) Jacqueline Caban, Esq. - Assistant Prosecutor for th Gloucester County Prosecutor's Office.

Plaintiff's complaint arises from his dealings in "drug court." He states that on April 5, 2013, Clinton failed to put his drug court application into promis/gavel to produce a court date. He claims that he wrote many letters to her pertaining to his drug court application to which Clinton failed to reply to. Additionally, plaintiff states that Clinton harbors personal feelings and discriminated against plaintiff with respect to his entry into drug court where he is legally eligible.

Plaintiff alleges that Corsi failed to produce writs to have him in court. He also claims that Corsi gave him extended court dates which denied him due process and acted on her personal feelings.

Plaintiff states that Green has harbored personal feelings to deny him entry into drug court.

Plaintiff claims that Ivins found him eligible for drug court but that she filed a report which caused him to be denied into the program.

Finally, plaintiff states that Caban was the prosecutor for the drug court and issued a verbal rejection to his drug court application. Plaintiff alleges that Caban's failure to submit a written rejection left his defense lawyer without a basis to appeal. However, plaintiff also states that Caban submitted a written brief to black his entry into drug court based on her personal feelings.

Plaintiff requests the following as relief: (1) transfer to another vicinage "where I can have a fair chance at drug court"; (2) monetary compensation; (3) that defendants be reprimanded; and (4) comparing vicinage XV drug court to Camden/Mercer Counties.

III. STANDARD OF REVIEW

A. Standard for Sua Sponte ...


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