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Dunn v. Turner

United States District Court, D. New Jersey

June 5, 2018

TIMOTHY DUNN, Plaintiff,
v.
JOEY TURNER, Defendant.

          OPINION

          HON. BRIAN R. MARTINOTTI UNITED STATES DISTRICT JUDGE

         Before this Court is pro se prisoner Timothy Dunn's (“Plaintiff”) civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Based on his affidavit of indigence (ECF No. 1-1), the Court GRANTS him leave to proceed in forma pauperis and orders the Clerk of the Court to FILE the Complaint.

         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 Complaint is DISMISSED WITHOUT PREJUDICE.

         I. BACKGROUND

         According to the Complaint, on December 7, 2017, Plaintiff was transferred from Bo Robinson Treatment Center (“Bo Robinson”) to Saint Francis Medical Center for medical purposes.[1] (Compl. ¶ 6.) After his release from the hospital, he was transferred to Garden State Correctional Facility, instead of back to the halfway house. (Id.) While he was at the halfway house, Plaintiff had personal belongings, including clothing, appliances, etc. (Id.) These items should have been packed up and held in Bo Robinson's property room until his transfer back to prison was complete. (Id.) However, when Plaintiff returned to Bo Robinson two weeks later, he learned that Shift Supervisor Joey Turner (“Turner”) had “neglected his responsibility” to ensure that his belongings were packed up and stored because the property room had no record of Plaintiff's personal items being logged in. (Id.)

         Plaintiff is seeking “compensation and punitive damage for the unnecessary and undeserved suffering that [he] is going through since that incident.” (Id. ¶ 7.)

         II. LEGAL STANDARD

         A. Standard for a Sua Sponte Dismissal

         Pursuant to 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 who is proceeding as indigent.

         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, 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.” Belmont v. MB Inv. Partners, Inc., 708 F.3d 470, 483 n.17 (3d Cir. 2012) (quoting Iqbal, 556 U.S. at 678). 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).

         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 party injured in an action at law, suit in equity, or other proper proceeding for redress. . . .

         Therefore, to state a claim for relief under § 1983, a plaintiff must allege, first, the violation of a right secured by the Constitution or laws of the United States and, second, that the alleged deprivation was committed or caused by a person acting under color of state law. See West v. ...


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