United States District Court, D. New Jersey
MICHAEL A. SHIPP UNITED STATES DISTRICT JUDGE.
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.
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.)
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.)
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.)
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.)
Santana's IFP Application is Granted
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).
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.
The Court Does Not Have ...