United States District Court, D. New Jersey
CARLOS I. MERCED CABEZA, Plaintiff,
(NO DEFENDANT LISTED).
I. Merced Cabeza Plaintiff Pro Se
B. SIMANDLE Chief U.S. District Judge
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.
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.
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
In The Complaint
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. §
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).
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).
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).
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).
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.
With respect to requested relief, Plaintiff seeks
“[$]10, 000 the food was awful[, ] sleep in floor mor 2
months and de guard [sic].” Id.
To Satisfy The Pleading Requirements of ...