United States District Court, D. New Jersey
E. THOMPSON, U.S. DISTRICT JUDGE
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.
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.
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.
STANDARD OF REVIEW
Standards for a Sua Sponte Dismissal
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. .
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,
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).
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).
Section 1983 Actions
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