United States District Court, D. New Jersey
DANIEL D. FISHER, SR., Plaintiff,
STEVEN PRATT, individually, and as Captain of Southampton Volunteer Fire Department, and as Investigator of New Jersey State Fire Marshal Office, Southampton Township Fire Department, Defendant.
D. FISHER Appearing pro se.
L. HILLMAN, U.S.D.J.
case concerns civil rights violations alleged to have
occurred due to the demolition of Plaintiff Daniel D. Fisher,
Sr.'s home. As Plaintiff Fisher has been granted the
right to proceed in forma pauperis
(“IFP”), this matter is before the Court sua
sponte for screening consistent with 28 U.S.C. §
1915. For the reasons stated herein, this Court will dismiss
42 U.S.C. §§ 1985 and 1986 claims, but allow the
remaining claims to proceed past screening.
Court takes its facts from Plaintiff's Complaint.
explaining the factual basis for this action, it is important
to briefly explain some procedural history. An action
alleging similar claims arising from the same set of facts
was first filed in this Court on December 15, 2017 under a
separate docket (1:17-cv-13248 (NLH/KMW)). Plaintiff amended
that complaint on December 28, 2017 (the “FAC”)
and appeared to assert causes of action under 42 U.S.C.
§§ 1983 and 1985 - for damages only. Thereafter,
Plaintiff served the Defendants in the original action:
Steven Pratt, the Southampton Township Fire Department
(collectively, the “Fire Department Defendants”),
and the New Jersey State Fire Marshal's Office (the
January 29, 2018, the Fire Department Defendants filed a
Motion to Dismiss or, in the alterative, for a more definite
statement. On February 14, 2018, the State Defendant filed a
Motion to Dismiss. On February 20, 2018, Plaintiff filed a
Second Amended Complaint. The Court issued a March 14, 2018
Order requiring Plaintiff to file a formal motion with the
Court asking for leave to file the February 20, 2018 Second
Amended Complaint. Plaintiff thereafter filed a Motion for
Leave to Amend on March 27, 2018.
August 24, 2018, this Court entered an Opinion and Order
• Granted the State Defendant's Motion to Dismiss
and dismissed it from the case;
• Granted the Fire Department Defendants' Motion to
Dismiss the § 1985 claim, without prejudice;
• Granted Southampton Township Fire Department's
Motion to Dismiss the § 1983 claim, without prejudice;
• Denied Pratt's Motion to Dismiss the § 1983
claim, without prejudice;
• Denied Plaintiff's Motion for Leave to File a
Second Amended Complaint; and
• Granted leave for Plaintiff to file an amended
complaint that attempts to cure the deficiencies noted in the
of filing an amended complaint, Plaintiff voluntarily
withdrew his FAC and the Clerk closed the case. Thereafter,
Plaintiff filed a Motion for Reconsideration which was denied
for lack of jurisdiction because the case was voluntarily
closed by Plaintiff. The Court instructed Plaintiff to file
an amended ...