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1071 Windsor LLC v. Realmuto

United States District Court, D. New Jersey

June 12, 2019

1071 WINDSOR LLC, Plaintiff,
v.
ELVIRA REALMUTO, et al, Defendants.

          MEMORANDUM ORDER

          MICHAEL A. SHIPP UNITED STATES DISTRICT JUDGE.

         Tins matter comes before the Court uponpro se Defendant Lorenzo Santana's ("Santana") Application to Proceed without Prepaying Fees or Costs ("IFP Application"). (AppL, ECF No. 1-7.) For the reasons stated below, the Court grants the IFP Application and remands the matter to the Supenor Court of New Jersey, Law Division, Special Civil Part, Monmouth County.

         I. BACKGROUND

         On January 29, 2019, Plaintiff 1071 Windsor LLC (Plaintiff) filed a Verified Complaint against Elvira Realmuto, “[a]ll Occupants residing in 1071 Windsor Road, Millstone, New Jersey," and unspecified Jane and John Does (collectively, "Defendants") (the "Ejectment Action"). (Compl., ECF No. 1-4.) Plaintiff sought a judgment for possession of the property located at 1071 Windsor Road, Millstone, New Jersey (the "Property"), a permanent injunction against Defendants remaining in the property, and other relief. (Compl. 2.) Or the same day, the Honorable Darnel L. Weiss, J.S.C., granted an Order to Show Cause for Ejectment ("OTSC") (1) allowing Plaintiff to immediately recover the property, and (2) immediately ejecting Defendants from the Property. (OTSC 2, ECF No. 1-3.)

         On March 29, 2019, Santana removed the Ejectment Action to this Court. (Notice of Removal, ECF No. 1.) Santana stated that the Complaint and OTSC "make[] this a federal case, relating to [a] civil rights matter under the United States Constitution and the uniform application of State laws." (Id. at 1.)

         Instead of paying the required filing fees, Santana filed the IFP Application. (See IFP Appl., ECF No. 1 -7.) Santana states that his occupation is "Day Laborer/Odd Jobs," but states that he has not earned any income over the past twelve months. (Id. at 1.) He states that he has $400 in a bank account and monthly expenses of $1, 000. (Id. at 2.)

         On April 4, 2019, Santana and John Michaels (collectively, "Removing Defendants") submitted a Statement of the Case. (Statement of the Case. ECF No. 3.) They state:

The case became federal when the State court of original jurisdiction ("Special Civil Part, Law Division"), judgment for "immediate possession and a writ" was unconstitutionally granted to the plaintiff in violation of the equal protection guarantees applicable to the "New Jersey Anti Eviction Act" besides the renewed federal "Protecting Tenants in Foreclosure Act" and the due process of common law as it relates to substantive and historic property rights. This case is fraught with constitutional error and makes for a slew of outrageous and political violations of the 14th Amendment as it is held against the several States, eventually leading to the summary and unlawful dispossession of our home on the basis of an impossible and contrary "eviction" jurisdiction unknown to the State of New Jersey, over the real property located at 1071 Windsor Millstone NJ. 08535.

(Id. at 1-2.)

         II. DISCUSSION

         A. Santana's IFP Application is Granted

         Under 28 U.S.C. § 1915, an IFP Application "is designed to ensure that indigent litigants have meaningful access to the federal courts." Neitzke v. Williams, 490 U.S. 319, 324 (1989). The Court, accordingly, must carefully review an application and "if convinced that [the applicant] is unable to pay the court costs and filing fees, the [C]ourt will grant leave to proceed [IFP]." Douris v. Middletown Twp., 293 Fed.Appx. 130, 132 (3d Cir. 2008).

         Santana represents that he has had no income over the last twelve months, has savings of $400, and has expenses of $1, 000 per month. (See IFP Application.) The Court, therefore, concludes that Santana has established his indigence and grants his IFP Application.

         B. The Court Does Not Have ...


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