ENCARNACION v. CAMDEN COUNTY JAIL

Filing 3

MEMORANDUM OPINION AND ORDER OF ADMINISTRATIVE TERMINATION, Plaintiff shall file either an amended complaint written in English or an English translation of the original complaint within thirty (30) days of the date of this Order. Signed by Judge Jerome B. Simandle on 6/29/17. (js)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

GILBERTO ENCARNACION,

HONORABLE JEROME B. SIMANDLE

Plaintiff,
Civil Action
No. 16-cv-06144 (JBS-AMD)

v.
CAMDEN COUNTY JAIL,
Defendant.

1.

MEMORANDUM OPINION AND ORDER

This matter is before the Court on Plaintiff’s

Complaint (Docket Entry 1), filed on September 29, 2016, seeking
to bring a claim against the Camden County Jail. This Court
granted Plaintiff’s application to proceed in forma pauperis on
October 17, 2016 (Docket Entry 2).
2.

Section 1915(e)(2) requires a court to review

complaints prior to service in cases in which a plaintiff is
proceeding in forma pauperis. The Court must sua sponte dismiss
any claim that is frivolous, is malicious, fails to state a
claim upon which relief may be granted, or seeks monetary relief
from a defendant who is immune from such relief. This action is
subject to sua sponte screening for dismissal under 28 U.S.C.
§ 1915(e)(2)(B) because Plaintiff is proceeding in forma
pauperis.
3.

The pertinent sections of the Complaint are written in

Spanish. No translation of the Complaint has been provided. The

Court is therefore unable to conduct its review of the Complaint
pursuant to § 1915.
4.

In order to facilitate the Court’s review, Plaintiff

is requested to file either (1) an amended complaint written in
English, or (2) an English translation of the Complaint. See,
e.g., Court of Common Pleas v. Kelly, 417 F. App'x 126, 128 (3d
Cir. 2011) (District Court should request a translation or
clarification of a complaint before taking final action).
Accordingly,
IT IS this

29th

day of

June

, 2017, hereby

ORDERED that Plaintiff shall file either an amended
complaint written in English or an English translation of the
original complaint within thirty (30) days of the date of this
Order; and it is further
ORDERED that the Clerk of the Court shall send Plaintiff a
copy of this Order via regular mail and shall ADMINISTRATIVELY
TERMINATE this matter. The Court will reopen this matter if
Plaintiff files an amended complaint in English or an English
translation within thirty (30) days of the date of this Order.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
U.S. District Judge

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