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Smith v. Camden County Correctional Facility

United States District Court, D. New Jersey

February 3, 2017

RAHEEM SMITH, Plaintiff,
v.
CAMDEN COUNTY CORRECTIONAL FACILITY, Defendant.

          Raheem Smith, Plaintiff Pro Se.

          OPINION

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

         I. INTRODUCTION

         Plaintiff Raheem Smith seeks to bring a civil rights complaint against Camden County Correctional Facility (“CCCF”) 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 tha is frivolous, is malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendan 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 was forced to sleep on the floor until other inmates were shipped out.” Complaint § III(C).

         Plaintiff states that the alleged events giving rise to his claims occurred “in 2002, 2008, 2010 and 2012.” Id. § III(B).

         Plaintiff alleges that he has “back pain as a result of sleeping on the floor.” Id. § IV.

         Plaintiff is seeking “$20, 000, not less than $10, 000” in relief. 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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