United States District Court, D. New Jersey
RICHARD F. LANE, Plaintiff,
WARDEN MR. ARTIS, et al., Defendants.
RICHARD F. LANE, Plaintiff Pro Se, Newark, New Jersey.
MICHELLE L. COREA, ESQ., CAPEHART AND SCATCHARD, P.A., Mt. Laurel, New Jersey, Attorney for Defendants.
JEROME B. SIMANDLE, Chief District Judge.
This matter comes before the Court on Defendants Warden Artis' and Captain Larkins' ("Defendants") Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6). (Docket Entry 10). Pro se Plaintiff Richard F. Lane ("Plaintiff") filed an opposition to Defendant's motion. (Docket Entry 13). This motion is being considered on the papers pursuant to Fed.R.Civ.P. 78(b). For the reasons set forth below, Defendants' motion shall be granted as Plaintiff has failed to state a claim upon which relief can be granted.
A. Procedural History
On November 21, 2012, Plaintiff filed this complaint pursuant to 42 U.S.C. § 1983 alleging his constitutional right to vote under the First Amendment was violated by Defendants. (Docket Entry 1). This Court granted Plaintiff's application to proceed in forma pauperis and ordered the Clerk of the Court to issue summonses. (Docket Entry 4).
Defendants filed the instant Motion to Dismiss the Complaint pursuant to Fed.R.Civ.P. 12(b)(6) on September 26, 2014. (Docket Entry 10), and Plaintiff filed an opposition to Defendant's motion. (Docket Entry 13). Defendants filed a response on December 3, 2014. (Docket Entry 14).
B. Factual Background
1. Allegations in the Pleadings
Plaintiff was a pretrial detainee in the Burlington County Detention Center during the first week of October 2012, at which time he asked a social worker how to participate in the presidential election. (Docket Entry 1 at 5). She informed Plaintiff he needed to register to vote first and gave him a registration form. (Docket Entry 1 at 5). Plaintiff completed the form and gave it to an officer for delivery to the social worker's office. (Docket Entry 1 at 5). A different officer assured Plaintiff that absentee forms would be provided for those detainees eligible to vote. (Docket Entry 1 at 5). Plaintiff never received an absentee form.
Plaintiff filed suit against Artis and Larkins, asserting that as they are responsible for the running of the facility, they are responsible for the failure to provide him an application for an absentee ballot. (Docket Entry 1 at 6). Plaintiff did not name the social worker or the other officers as defendants. He did not pursue any administrative remedy ...