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Glover v. New Jersey State Parole Board

United States District Court, D. New Jersey

August 25, 2017

AARON GLOVER, Plaintiffs,
v.
NEW JERSEY STATE PAROLE BOARD, et al., Defendants.

          OPINION

          ANNE E. THOMPSON, U.S. DISTRICT JUDGE

         I. INTRODUCTION

         Before the Court is Aaron Glover's amended civil rights complaint pursuant to 42 U.S.C. § 1983. Amended Complaint, Docket Entry 3. At this time, the Court must review the complaint, pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who is immune from such relief. For the reasons set forth below, the Court concludes that the complaint will be dismissed without prejudice for failure to state a claim.

         II. BACKGROUND

         Plaintiff alleges the New Jersey State Parole Board ("Parole Board") did not conduct his probable cause and revocation hearings in the time required under New Jersey law. Amended Complaint ¶ 6. He states he was returned to Mercer County Jail on January 20 and transferred to prison on January 23. He claims his probable cause hearing should have been conducted on February 8, but did not take place until March 7, 2017. Id. He further alleges.the revocation hearing took place on June 20, 2017, which exceeded the permitted amount of time. Id.

         Plaintiff originally filed his complaint on April 27, 2017. This Court administratively terminated the complaint as Plaintiff did not pay the filing fee or submit a complete in forma pauperis application. Docket Entry 2. Plaintiff submitted an in forma pauperis application and amended complaint on June 23, 2011, and the Court granted the in forma pauperis application. Plaintiff seeks relief in the amount of $500, 000 for mental anguish, suffering, and stress. Id. ¶ 7.

         III. STANDARD OF REVIEW

         A. Standards for a Sua Sponte Dismissal

         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 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) and 1915A because Plaintiff is a prisoner proceeding in forma pauperis and is seeking relief from a government entity. .

         According to the Supreme Court's decision in Ashcroft v. Iqbal, "a pleading that offers labels or conclusions' or 'a formulaic recitation of the elements of a cause of action will not do.'" 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). 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, 57 8 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) (quoting Iqbal, 556 U.S. at 678).

         In determining the sufficiency of a pro se complaint, the Court must be mindful to construe it liberally in favor of the plaintiff. See Erickson v. Pardus, 551 U.S. 89, 93-94 (2007) (following Estelle v. Gamble, 429 U.S. 97, 106 (1976)); see also United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992). Although pro se pleadings are liberally construed, plaintiffs "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).

         B. Section 1983 Actions

         A plaintiff may have a cause of action under 42 U.S.C. § 1983 for certain violations of his constitutional rights. Section 1983 provides in relevant part:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the ...

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