Filing 3

OPINION. Signed by Chief Judge Jerome B. Simandle on 10/17/2016. (TH, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY HONORABLE JEROME EGHANA GAINES, Plaintiff, Civil Action v. No. CAMDEN COUNTY B. SIMANDLE 16-cv-05800 (JBS-AMO) JAIL OPINION Defendant. APPEARANCES: Eghana Malik Gaines, Plaintiff Pro Se 8 Boro Conunons Glassboro, SIMANDLE, 1. NJ 08028 Chief District Judge: Plaintiff Eghana Malik Gaines, rights complaint pursuant to the Camden County Jail 2. Section seeks to bring a civil 42 U.S.C. ("CCJ"). Complaint, § 1983 against the Docket Entry 1. 1915 (e) (2) requires a court to review complaints prior to service in cases in which a plaintiff is proceeding in forma any claim that is pauperis. The frivolous, claim upon which relief may Court must is malicious, be granted, sua sponte dismiss fails to state a or seeks monetary relief from a defendant who is inunune from such relief. This action subject to sua sponte 1915 (e) (2) (B) because screening for dismissal under 28 Plaintiff is proceeding in is U.S.C. § forma pauperis. 3. For the reasons set forth below, the Court will dismiss the complaint without prejudice for failure to state a claim. 28 U. S.C . To survive sua sponte screening for failure to state a 4. claim, § 1915 (e) (2) (b) (ii). the complaint must allege "sufficient factual matter" to show that the claim is facially plausible. Fowler Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) UPMS v. (citation omitted) "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Fair Wind Sailing, '.1.3 (3d Cir. 2014) Inc. v. (quoting Iqbal, pleading that offers Dempster, 764 F.3d 303, 308 556 U.S. at 678). "[A] 'labels or conclusions' or 'a formulaic recitation of the elements of a cause of action will not do.'" Ashcroft v. Atlantic Corp. 5. Iqbal, v. 556 U.S. Twombly, 662, 678 (2009) 550 U.S. 544, 555 (quoting Bell (2007)). Plaintiff seeks monetary damages from CCJ for allegedly unconstitutional conditions of confinement. As the CCJ is not a "state actor" within the meaning of § 1983, against it must be dismissed with prejudice. See, v. Southern (D.N.J. State 1989) Corr. Facility, the claims e.g., 726 F. Supp. 537, Grabow 538-39 (correctional facility is not a "person" under § 1983). 2 Plaintiff may be able to amend the complaint to name 6. state actors who were personally involved in the alleged unconstitutional conditions of confinement, end, the Court shall grant complaint within however. To that Plaintiff leave to amend the 30 days of the date of this order.1 Plaintiff is advised that the amended complaint must 7. plead sufficient facts to support a reasonable inference that a constitutional violation has occurred in order to survive this Court's review under entirety: 1915. The complaint states "Put in a cell with 3 to toilet on the floor. medicine § I 4 people. I slept did not receive my blood 3 times daily." Complaint § III. by the pressure Even accepting the statement as true for screening purposes only, enough factual support in its there is not for the Court to infer a constitutional violation has occurred. The mere fact that an individual is lodged temporarily 8. in a cell with more persons than its intended design does not rise to the level Chapman, 452 U.S. of a constitutional violation. 337, itself did not violate 488 F. App'x 554, 560 348-50 (1981) does not constitute punishment, 1 (holding double-celling by Eighth Amendment); (3d Cir. 2012) See Rhodes v. Carson v. Mulvihill, ("[M]ere double-bunking because there is no 'one man, The amended complaint shall be subject to screening prior to service. 3 one cell principle lurking in the Fifth Amendment.'" (1979))). More is conditions, for a (quoting Bell 233 (3d v. Process "cause pretrial Cir. detainee, 2008) inmates hardship over an extended conditions become 441 Wolfish, shocks See the Hubbard (noting due requires courts to consider whether the conditions Clause of the U.S. 520, 542 needed to demonstrate that such crowded thus violates due process rights. F.3d 229, Due conscience Taylor, v. process of the to endure such genuine that 538 analysis totality period of time, and privations and the adverse excessive in relation to the purposes assigned to them."). In the event 9. Plaintiff files an amended complaint, should include specific facts, his confinement, prisoner, or failing he such as the dates and length of whether he was a pretrial detainee or convicted any specific individuals who were involved in creating to remedy the conditions of confinement, and any other relevant facts regarding the conditions of confinement. There are also not enough facts for the 10. Plaintiff was denied forth a cognizable adequate medical medical need; adequate medical care. and an inmate must allege: v. Gamble, right to (1) a serious (2) behavior on the part of prison officials that constitutes deliberate indifference to Estelle In order to set claim for a violation of the care, Court to infer 429 U.S. 97, 106 4 (1976); that need. Natale v. See Camden Cnty. Corr. Facility, assertion that If F.3d 575, 582 (3d Cir. 2003). A mere Plaintiff was not given medication is insufficient to meet facts. 318 Plaintiff the pleading standard in the absence of any wishes to pursue this claim, the amended complaint should contain facts supporting both of the requirements. 11. is filed, Plaintiff should note that when an amended complaint the original complaint no longer performs any function in the case and cannot be utilized to cure defects in the amended complaint, unless the relevant incorporated in the new complaint. 6 Federal Practice and Procedure 1476 omitted). An amended complaint may allegations in the original portion Wright, is specifically Miller (2d ed. 1990) adopt complaint, amended Id. To avoid confusion, complaint complaint may not but the or repeat dismissed with prejudice by 12. For the (footnotes identification of clear the safer course is that is complete in itself. adopt claims Kane, some or all of the the particular allegations to be adopted must be explicit. & Id. and to file The amended that have been Court. the reasons stated above, the complaint is dismissed without prejudice for failure to state a claim. Court will reopen the matter in the event amended complaint within the Plaintiff files an time allotted by s The the Court. an 13. October An 17, appropriate order follows. s/ 2016 Jerome B. JEROME Date Chief 6 B. Simandle SIMANDLE U.S. District Judge

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