TOSKA v. STATE POLICE et al

Filing 12

MEMORANDUM ORDER that Counts 1 and 2 of Plaintiff's Complaint are DISMISSED without prejudice. ORDERED that Plaintiff shall have an opportunity to file an amended complaint curing the deficiencies within 20 days of the entry of this Order, or this matter may be dismissed with prejudice. ORDERED that Defendants' 6 Motion to Dismiss is dismissed as moot. Signed by Judge Renee Marie Bumb on 2/11/2015. (TH, )

[Docket No. 6]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
______________________________
:
:
: Civil No. 14-3379 (RMB/KMW)
Plaintiff,
:
:
v.
:
MEMORANDUM ORDER
:
STATE POLICE, et al.,
:
:
Defendants.
:
_____________________________ :
AMDIJE TOSKA,

THIS MATTER comes before the Court upon a motion to
dismiss the Amended Complaint by Defendants New Jersey Transit
and Joseph Iannacone (collectively “Defendants”). [Docket No. 6].
For the reasons set forth below, the Court sua sponte dismisses
the Amended Complaint, in part, and Plaintiff will be permitted
an opportunity to amend her complaint.

Defendants’ motion will

be dismissed as moot.
Plaintiff Amdije Toska’s Amended Complaint states, in its
entirety, the following:
A short version of the story 6 I walked into the bus
station and was kicked out immidiately (sic). After
being shoved and kicked out [of] the bus station, I was
pushed to the ground [and] beat by an officer.
Plaintiff’s claims are stated as:
1. “Harrassment - N.J.S.A.
2C-33-4"

2. “Discrimination - N.J.S.A.
10:5-12"
3. “Battery”
4. “Title 42 of the U.S. Code
Section 1983.”
See Docket No. 1, Exhibit H.
Federal Rule of Civil Procedure 8(a) requires that a
complaint contain:
(1)

[A] short and plain statement of the grounds for
the court’s jurisdiction, unless the court already
has jurisdiction and the claim needs no new
jurisdictional support;

(2)

[A] short and plain statement of the claim showing
that the pleader is entitled to relief; and

(3)

[A] demand for the relief sought, which may
include relief in the alternative or different
types of relief.

In addition, “a complaint must do more than allege the
plaintiff’s entitlement to relief.

A complaint has to ‘show’

such an entitlement with its facts.”

Fowler v. UPMC Shadyside,

578 F.3d 203, 311 (Fed Cir. 2009).
Here, the Amended Complaint does not contain a short and
plain statement of the claim showing that Plaintiff is entitled
to relief.

Plaintiff alleges harassment and discrimination but

avers no facts to support her claim.

She alleges battery and

presumably excessive force in violation of § 1983 and that she
was “beat by an officer.”

She does not allege who the officer is

but presumably it is the defendant, Joseph Iannacone.
The Court recognizes that Plaintiff is proceeding pro se,

and therefore her pleading should be liberally construed.

This

Court, however, should not have to speculate what Plaintiff’s
claims are, as Defendants do.

Cf. Goodwin v. Castille, 465 Fed.

Appx. 157, 163 (3d Cir. 2012) (“sua sponte dismissal under Rule
12(b)(6) is proper after service of process”).
Accordingly,
IT IS ON THIS 11th day of February 2015, ORDERED that Counts
1 and 2 of Plaintiff’s Complaint are DISMISSED without prejudice;
and
IT IS FURTHER ORDERED that Plaintiff shall have an
opportunity to file an amended complaint curing the deficiencies
of Counts 1 and 2 as well as clarifying the identity of the
“officer” in Counts 3 and 4 within 20 days of the entry of this
Order; and
IT IS FURTHER ORDERED that if Plaintiff fails to file an
amended complaint this matter may be dismissed in its entirety
with prejudice; and
IT IS FURTHER ORDERED that Defendants’ motion to dismiss is
dismissed as moot.
s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge