United States District Court, D. New Jersey
Samantha Fitzpatrick Plaintiff Pro Se
B. SIMANDLE, Chief U.S. District Judge
Samantha Fitzpatrick seeks to bring a civil rights complaint
pursuant to 42 U.S.C. § 1983 against Camden County Jail
(“CCJ”) for allegedly unconstitutional conditions
of confinement. Complaint, Docket Entry 1.
U.S.C. § 1915(e)(2) requires courts to review complaints
prior to service in cases in which a plaintiff is proceeding
in forma pauperis. Courts must 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 in
reasons set forth below, the Court will: (1) dismiss the
Complaint with prejudice as to claims made against CCJ; and
(2) dismiss the Complaint without prejudice for failure to
state a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
Complaint states in its entirety: “It was always over
crowded so I ended up on the floor. It was very cold[.]
People were walking over you and on you. It didn't matter
who you told[;] no one cared and it seemed normal because
almost everyone had to. Women would argue over who was
getting a bunk.” Complaint § III(C). Plaintiff
alleges that she “got boils from laying [sic]
on the dirty floor.” Id. § IV.
contends that the events giving rise to her claims occurred:
“April 2009 to Aug 2009[;] Jan 2010[;] Apr 2010[;] Nov
2010[;] March 2011[;] June 2011[;] Aug 2011[;] 2012[;]
2013[;] 2014[;] different months every year since
2009.” Id. § III(B).
does not describe or identify any relief sought. Id.
STANDARD OF REVIEW
survive sua sponte screening under § 1915(e)(2)
for failure to state a claim, 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.” Fair Wind Sailing,
Inc. v. Dempster, 764 F.3d 303, 308 n.3 (3d Cir. 2014).
“[A] pleading that offers ‘labels or
conclusions' or ‘a formulaic recitation of the
elements of a cause of action will not do.'”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555