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Finnemen v. Marchetti

United States District Court, D. New Jersey

February 28, 2018

NASIR FINNEMEN, Plaintiff,
v.
TARA MARCHETTI, et al., Defendants. NASIR FINNEMEN, Plaintiff,
v.
KENNEDY UNIVERSITY HOSPITAL, et al., Defendants. NASIR FINNEMEN, Plaintiff,
v.
BLANCHE FARMER, et al., Defendants. NASIR FINNEMEN, Plaintiff,
v.
FRED URICOECHEA, et al., Defendants. NASIR FINNEMEN, Plaintiff,
v.
STUART RABNER, et al., Defendants.

          OPINION

          RENÉE MARIE BUMB United States District Judge

         Plaintiff Nasir Finnemen, sometimes spelled Finneman, is no stranger to this Court. He has filed 19 lawsuits in this District, most within the last five years. As dictated by statute, the Court has screened and herein will screen each in forma pauperis filing. The Court's obligation is to dismiss any filing that is frivolous or malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune from such relief.

         The Court discusses each of Plaintiff's Complaints in this one Opinion for the ease and convenience of the Court. Many of Plaintiff's claims fail to state a claim or seek monetary relief from immune defendants, and thus, the Court need not recite the same in separate opinions.

         In this action, Plaintiff brings a claim under 42 U.S.C. § 1983 against Defendant Tara Marchetti and Judge Daniel Bernardin. As best this Court can discern, Plaintiff alleges that Defendant Marchetti, a Delaware River Port Authority Police Officer, unlawfully issued him two tickets. One ticket appears to be for playing music too loudly in violation of P.R.R.2.1(d) and the other ticket is unclear and illegible. Enclosed with the Complaint is an Amended order finding the Plaintiff not guilty of the Playing Music Too Loudly violation. [Docket No. 1. At 9]. The Court will dismiss the claim against Defendant Marchetti because it fails to state a claim at this juncture. Plaintiff was cautioned by this Court in a prior Order that his Complaint was unclear and “absent an Amendment to the Complaint clarifying him claims, the Complaint may be subject to dismissal upon screening.” [Docket No. 4, at 2]. Plaintiff may within 30 days file a motion for leave to file an amended complaint (with the proposed amended complaint attached). In the event Plaintiff fails to do so, the Court will enter an order dismissing the action with prejudice.

         As to Defendant Judge Daniel Bernardin, the Complaint will be dismissed with prejudice. As the Supreme Court has long recognized, “judges are immune from suit under section 1983 for monetary damages arising from their judicial acts.” Gallas v. Supreme Court of Pa., 211 F.3d 760, 768 (3d Cir. 2000).

         In this action, Plaintiff brings what appears to be a medical malpractice claim against Defendants Kennedy University Hospital, Kristy Meglino, R.N., and Russell Hartment, PA. The alleged basis for this Court's jurisdiction is a federal question, although it is clear from the pleading there is no such jurisdictional basis. As for diversity of citizenship jurisdiction, 18 U.S.C. § 1332, Plaintiff has failed to set forth the citizenship of each party, and on this basis the Court lacks subject matter jurisdiction. Indeed, on the face of the Complaint, Plaintiff appears to be a citizen of New Jersey and Defendants all appear so as well.

         Even putting this Court's jurisdiction aside, the Complaint fails to state a claim for negligence. As best this court can ascertain, Plaintiff complains that Defendant Meglino, a nurse, “roughly with her hands, put i.v. needles in my left wrist and left forearm . . . .” Defendant Hartman caused more pain “with his hands to right shoulder . . . .” Such claims are woefully deficient. It should go without saying that medical treatment can rarely be administered without some level of discomfort, such as when an iv is inserted. The Complaint will therefore be dismissed without prejudice. If Plaintiff chooses, he may file a Motion for Leave to File an Amended Complaint (with the proposed Amended Complaint attached). Such pleading shall set forth this Court's basis for jurisdiction. In the event no motion is filed, the case will be dismissed with prejudice.

         In this action, Plaintiff brings a claim under 42 U.S.C. § 1983 against Defendants Blanche Farmer, a New Jersey Transit bus driver, Public Defender Richard Josselson, Judge Charles Shimberg, New Jersey Transit, and Cherry Hill Municipal Court.

         Apparently, Plaintiff alleges that Defendant Farmer “called the cops” on him (by dialing 911) and he was forced by police officers to get off the bus. Apparently, Plaintiff was charged with a violation and the case was heard by Judge Shimberg who adjudged Plaintiff guilty. Plaintiff alleges that Defendant Josselson, Plaintiff's public defender, refused to show the Judge any of his medical records which would have shown why Plaintiff was riding the bus.

         The Complaint will be dismissed without prejudice. It is hard to see how the complaint sets forth any constitutional violations, much less any claims.

         Federal Rule of Civil Procedures 8(a) requires that a complaint contain:

(1) [A] short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support;
(2) [A] short and plain statement of the claim showing that the pleader is entitled to relief; and
(3) [A] demand for the relief sought, which may include relief in the alternative or ...

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