McMichaels v. Camden County Corrections

          Khalil McMichaels Plaintiff Pro Se

          OPINION

          JEROME B. SIMANDLE, Chief U.S. District Judge

         I. INTRODUCTION

         Plaintiff Khalil McMichaels seeks to bring a civil rights complaint against Camden County Corrections (“CCC”) pursuant to 42 U.S.C. § 1983 for allegedly unconstitutional conditions of confinement. Complaint, Docket Entry 1.

         28 U.S.C. 1915(e)(2) requires a court to review complaints prior to service in cases in which a plaintiff is proceeding in forma pauperis. The Court 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 Section 1915(e)(2)(B) because Plaintiff is proceeding in forma pauperis.

         For the reasons set forth below, the Court will dismiss the Complaint with prejudice for failure to state a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).

         II. BACKGROUND

         Plaintiff's Complaint states in its entirety: “I slept on the floor and ate on the floor” in “Camden County Jail.” Complaint §§ III(C), (A). Plaintiff alleges to have suffered injuries to “my back. I received medical treatment, pain pills.” Id. § IV. Plaintiff states that the alleged events giving rise to his claims occurred “Jun 09, 2008.” Id. § III(B).

         Plaintiff asks the Court “to compensate me.” Id. § V.

         III. STANDARD OF REVIEW

         To survive sua sponte screening under 28 U.S.C. § 1915(e)(2) for failure to state a claim, a 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 (2007)).

         IV. DISCUSSION

         Plaintiff asserts claims against CCC for allegedly unconstitutional conditions of confinement. Plaintiff's claims must be dismissed for failure to state a claim.

         First, CCC is not a separate legal entity from Camden County and is therefore not independently subject to suit. See Bermudez v. Essex Cty. D.O.C., No. 12-6035, 2013 WL 1405263, at *5 (D.N.J. Apr. 4, 2013) (citing cases). Plaintiff ...