United States District Court, D. New Jersey
Weathers, Plaintiff Pro Se
B. SIMANDLE, CHIEF U.S. DISTRICT JUDGE
Plaintiff Denise Weathers seeks to bring a civil rights
complaint pursuant to 42 U.S.C. § 1983 against the
Camden County Jail (“CCJ”) for allegedly
unconstitutional conditions of confinement. Complaint, Docket
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 forma pauperis.
the 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).
First, the Complaint must be dismissed with prejudice as to
claims made against CCJ because defendant is not a
“state actor” within the meaning of § 1983.
See Crawford v. McMillian, 660 F. App'x 113, 116
(3d Cir. 2016) (“[T]he prison is not an entity subject
to suit under 42 U.S.C. § 1983.”) (citing
Fischer v. Cahill, 474 F.2d 991, 992 (3d Cir.
1973)); Grabow v. Southern State Corr. Facility, 726
F.Supp. 537, 538-39 (D.N.J. 1989) (correctional facility is
not a “person” under § 1983).
Second, for the reasons set forth below, the Court will
dismiss the Complaint without prejudice for failure to state
a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
present Complaint does not allege sufficient facts to support
a reasonable inference that a constitutional violation has
occurred in order to survive this Court's review under
§ 1915. Even accepting the statements in Plaintiff's
Complaint as true for screening purposes only, there is not
enough factual support for the Court to infer a
constitutional violation has occurred.
survive sua sponte screening 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
(2007)). Moreover, while pro se pleadings are
liberally construed, “pro se litigants still
must allege sufficient facts in their complaints to support a
claim.” Mala v. Crown Bay Marina, Inc., 704
F.3d 239, 245 (3d Cir. 2013) (citation omitted) (emphasis
respect to the alleged facts giving rise to Plaintiff's
claims, the Complaint states: “[I] was assigned to a
room that had three people in it when it was a two man
room.” Complaint § III(C).
Plaintiff states that these events occurred “on four or
five occasions, ” but Plaintiff does not identify
particular dates. Id. § III(B).
With respect to injuries purportedly sustained from these
events, Plaintiff contends that “I now have back
related problems.” Id. § IV.
With respect to requested relief, Plaintiff states: “I
feel as though $1, 500 is about right.” Id.
Even construing the Complaint as seeking to bring a civil
rights complaint pursuant to 42 U.S.C. § 1983 for
alleged prison overcrowding, any such purported claims must
be dismissed because the Complaint does not set forth
sufficient factual ...