United States District Court, D. New Jersey
LUIS G. MARTINEZ, Plaintiff,
CAMDEN COUNTY JAIL, Defendant.
G. Martinez, Plaintiff Pro Se
HONORABLE JEROME B. SIMANDLE, DISTRICT JUDGE
Plaintiff Luis G. Martinez seeks to bring a civil rights
complaint pursuant to 42 U.S.C. § 1983 against Camden
County Jail (“CCJ”) for allegedly
unconstitutional conditions of confinement. Complaint, Docket
Plaintiff seeks to bring this civil action without prepayment
of fees or security. Docket Entry 1-1. Based on
Plaintiff's affidavit of indigency, the Court will grant
his application to proceed in forma pauperis
this time, the Court must review the Complaint 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.
the reasons set forth below, the Court concludes that the
Complaint: (a) will be dismissed with prejudice as to claims
against CCJ; and (b) will be dismissed without prejudice for
failure to state a claim as to alleged unconstitutional
conditions of confinement from overcrowding and from restroom
conditions. 28 U.S.C. § 1915(e)(2)(b)(ii).
following factual allegations are taken from the Complaint
and are accepted for purposes of this screening only. The
Court has made no findings as to the truth of Plaintiff's
Plaintiff alleges he endured unconstitutional conditions of
confinement while he was confined in CCJ. Complaint §
III. His Complaint states only: “[T]he water stop[ped]
and we had to use the bathroom without being able to flush.
[A]ll day was like that and they gave us a mattress with no
cushion.” Id. § III(B).
Plaintiff alleges that these events occurred at the
“end of May of 2017.” Id. § III(B).
Plaintiff claims he sustained “stomach pains”
from the alleged restroom situation and “back pains for
sleeping on a mattress with no cushion.” Id.
Plaintiff seeks $2, 000 “for the pain and suffering
[he] went through.” Id. § V (blank).
STANDARD OF REVIEW
Section 1915(e)(2) requires a court to review complaints
prior to service of process upon defendants 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 ...