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Cabeza v. (No Defendant Listed)

United States District Court, D. New Jersey

March 28, 2017

CARLOS I. MERCED CABEZA, Plaintiff,
v.
(NO DEFENDANT LISTED).

          Carlos I. Merced Cabeza Plaintiff Pro Se

          OPINION

          JEROME B. SIMANDLE Chief U.S. District Judge

         1. The Court at this time construes Plaintiff Carlos I. Merced Cabeza's Complaint as purportedly seeking to bring a civil rights complaint pursuant to 42 U.S.C. § 1983 for allegedly unconstitutional conditions of confinement, as explained more fully below. Complaint, Docket Entry 1. Plaintiff does not name a defendant in the caption or in § I(B) of his Complaint.

         2. Per the Prison Litigation Reform Act, Pub. L. No. 104-134, §§ 801-810, 110 Stat. 1321-66 to 1321-77 (April 26, 1996) (“PLRA”), district courts must review complaints prior to service in those civil actions in which a prisoner is proceeding in forma pauperis (see 28 U.S.C. § 1915(e)(2)(B)), seeks redress against a governmental employee or entity (see 28 U.S.C. § 1915A(b)), or brings a claim with respect to prison conditions (see 42 U.S.C. § 1997e). The PLRA directs district courts to 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.

         3. To survive sua sponte screening for failure to state a claim[1], 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 added).

         Statements In The Complaint

         4. Plaintiff's Complaint states: “In the 20 of Aprill I went to jaill to and I was sleeping in the floor for the and went I went to take a took me to coort and they not find guyty becose I no find me lost a lot of way and lost slee a ma fray to sleep [sic].” Complaint at 1. The Complaint alleges that Plaintiff “was sleeping for 30 a mi cell witch 3 more intake.” Id. § II(B).

         5. With respect to the location(s) of the events giving rise to his allegations, Plaintiff states: “Bad food, shower, recreation, no time in teleton [sic] and only few fine [sic].” Id. § III(A).

         6. With respect to the date(s) and time(s) of these events, Plaintiff states: “Fithing, no cleaning[.] We have to shave a 12 midnight[.] The guard treat us like animals[.] Seat more than 20 a cell like for se de dentis or the doctor [sic].” Id. § II(B).

         7. With respect to the facts giving rise to his allegations, Plaintiff states: “Wife have roachs, rats[.] The food is a done the same every the ware presure is to strong you ha and with have to wash close a shave a mia.” Id. § III(C).

         8. For his statement of claim with respect to persons involved in these alleged events, Plaintiff states: “no body do nothing in this cases they. Everybody was invol on this sargen bing rans superintendentel [sic]. The some the true me in the cell de give my a matrres and they tolk tome be cometebold in the comecretne the some was us my inmate paid live[.]” Id. § III(C).

         9. With respect to alleged injuries from these purported events, Plaintiff claims to have “fractu[r]ed my right left in shower and fractuded my left hand, ” for which he was taken “to infermeria [sic].” Id. § IV.

         10. With respect to requested relief, Plaintiff seeks “[$]10, 000 the food was awful[, ] sleep in floor mor 2 months and de guard [sic].” Id. § V.

         Failure To Satisfy The Pleading Requirements of ...


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