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Sharp v. Camden County Jail

United States District Court, D. New Jersey

February 3, 2017

MICHELLE NICOLE SHARP, Plaintiff,
v.
CAMDEN COUNTY JAIL, Defendant.

          Michelle Nicole Sharp, Plaintiff Pro Se.

          OPINION

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

         I. INTRODUCTION

         Plaintiff Michelle Nicole Sharp seeks to bring a civil rights complaint against Camden County Jail (“CCJ”) 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 alleges that she had to drink “contaminated brown water” and was “forced to sleep on the floor because there was [sic] 4 people to a cell” due to the “overcrowding of inmates.” Complaint § III(C).

         Plaintiff states that the alleged events giving rise to her claims occurred “approx before 2005, 2006.” Id. § III(B).

         With respect to alleged injuries arising from these events, Plaintiff claims: “I was stressed out and the place was very unsanitary. I received medication for mercer [sic], and I also took medication for sleep. I also had people threatening me and putting their hands on me. They wanted people to be in gangs ect. [sic].” Id. § IV.

         With respect to relief sought, Plaintiff “would like to receive between $2, 500 - $3, 500.” 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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