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Jenkins v. Camden County Correctional Facility

United States District Court, D. New Jersey

February 3, 2017

GRADY N. JENKINS, Plaintiff,
v.
CAMDEN COUNTY CORRECTIONAL FACILITY and CAMDEN BOARD OF FREEHOLDERS, Defendants.

          Grady N. Jenkins, Plaintiff Pro Se.

          OPINION

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

         I. INTRODUCTION

         Plaintiff Grady N. Jenkins seeks to bring a civil rights complaint against the Camden County Correctional Facility (“CCCF”) and the Camden Board of Freeholders (“BOF”) pursuant to 42 U.S.C. § 1983 for allegedly unconstitutional conditions of confinement. Complaint, Docket Entry 1. Based on Plaintiff's affidavit of indigency, the Court will grant his application to proceed in forma pauperis.

         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: “Was forced to sleep on floor due to overcrowding. The warden failed to adhered [sic] to the decree issued by the 3rd district court. Board of Freeholders failure to enforce administrative code regarding housing of county jail inmates.” Complaint § III(C).

         Plaintiff states that the alleged events giving rise to these claims occurred: “2006.” Id. § III(B).

         Plaintiff claims “mental anquish [sic], duress & back pain” injuries arising from these events. Id. § IV.

         Plaintiff seeks “monetary, punitive, lawyer fees & any appropreate [sic] relief” in connection with his claims. 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. ...


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