United States District Court, D. New Jersey
CARL W. HICKS, SR., Plaintiff,
CAMDEN COUNTY JAIL, Defendant.
W. Hicks, Sr. Plaintiff Pro Se
B. SIMANDLE, Chief District Judge
Carl W. Hicks, Sr. seeks to bring a civil rights complaint
pursuant to 42 U.S.C. § 1983 for allegedly
unconstitutional conditions of confinement. Complaint, Docket
Entry 1. Plaintiff's Complaint names Camden County Jail
(“CCJ”) as defendant in the Complaint's
caption (id. at 1) along with Camden County
Correctional Facility (“CCCF”) as defendant in
§§ I(B) and III(A). Id.
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.
reasons set forth below it is clear from the complaint that
the claim arose more than two years before the complaint was
filed. It is therefore barred by the two-year statute of
limitations that governs claims of unconstitutional conduct
under 42 U.S.C. § 1983. The Court will therefore dismiss
the complaint with prejudice for failure to state a claim. 28
U.S.C. § 1915(e)(2)(b)(ii).
Complaint states in its entirety: “I got locked up for
poss. COS and I am diabetic. They would not give me my med.
so I had a diabetic stroke and had to get rushed to the
hospital were [sic] I stayed for a week or two. And
then one of the nurses said get him out of here asap. And
allso [sic] messed my body up from sleeping on the
floor.” Complaint § III(C).
contends that he suffered the following injuries from these
alleged events: “My joints are so bad I have to ware
[sic] a backbrace and a knee brace when it get
[sic] cold[.] My whole body hurts. Can't play
with my grandkids no more [sic].” Id.
states that the alleged events giving rise to his claims
occurred “2005[, ] 2006.” Id. §
respect to relief that Plaintiff requests as to his claims,
he seeks “to get me some compensation for all the lost
time. I used to be able to fix cars[.] Not no more
[sic] because my back hurts so bad from sleeping on
that hard floor in the jail. From the time I came in till
[sic] the time I went up stairs [sic]
¶ 7 day lock in I felt like a cage animal. My body is
still messed up today.” Id. § V.
Plaintiff requests “$20, 000” in damages.
STANDARD OF REVIEW
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