HILL v. CAMDEN COUNTY CORRECTIONAL FACILITY

Filing 4

OPINION. Signed by Chief Judge Jerome B. Simandle on 2/9/2017. (TH, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HONORABLE JEROME B. SIMANDLE

BRIAN HILL,
Plaintiff,

Civil Action
No. 16-cv-06979 (JBS-AMD)

v.
CAMDEN COUNTY
CORRECTIONAL FACILITY,

OPINION

Defendant.
APPEARANCES:
Brian Hill, Plaintiff Pro Se
1247 Empire Avenue, Apt. B
Camden, NJ 08103
SIMANDLE, Chief District Judge:
1.

Plaintiff Brian Hill seeks to bring a civil rights

complaint pursuant to 42 U.S.C. § 1983 against Camden County
Correctional Facility (“CCCF”) for allegedly unconstitutional
conditions of confinement. Complaint, Docket Entry 1.
2.

Per the Prison Litigation Reform Act, Pub. L. No. 104-

134, §§ 801-810, 110 Stat. 1321-66 to 1321-77 (April 26, 1996)
(“PLRA”), district courts must review complaints prior to
service in those civil actions in which a prisoner is proceeding
in forma pauperis (see 28 U.S.C. § 1915(e)(2)(B)), seeks redress
against a governmental employee or entity (see 28 U.S.C. §
1915A(b)), or brings a claim with respect to prison conditions
(see 42 U.S.C. § 1997e). The PLRA directs district courts to sua

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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.

Rule 8 of the Federal Rules of Civil Procedure

requires pleadings to contain “a short and plain statement of
the grounds for the court's jurisdiction . . .

a short and

plain statement of the claim showing that the pleader is
entitled to relief; and demand for the relief sought . . . .”
Fed. R. Civ. P. 8(a)(1)-(3).
4.

Plaintiff has named CCCF as the sole defendant in his

Complaint; however, the Complaint itself is blank. Complaint §§
II-V. As such, the Court cannot discern what cause of action
Plaintiff intends to pursue against the CCCF. The Complaint must
therefore be dismissed for failure to state a claim.
5.

To survive sua sponte screening for failure to state a

claim1, the Complaint must allege “sufficient factual matter” to

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“The legal standard for dismissing a complaint for failure to
state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) is the
same as that for dismissing a complaint pursuant to Federal Rule
of Civil Procedure 12(b)(6).” Samuels v. Health Dep’t, No. 161289, 2017 WL 26884, slip op. at *2 (D.N.J. Jan. 3, 2017)
(citing Schreane v. Seana, 506 F. App’x 120, 122 (3d Cir.
2012)); Allah v. Seiverling, 229 F.3d 220, 223 (3d Cir. 2000));
Mitchell v. Beard, 492 F. App’x 230, 232 (3d Cir. 2012)
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show that the claim is facially plausible. Fowler v. UPMS
Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) (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, Inc. v. Dempster, 764 F.3d 303, 308
n.3 (3d Cir. 2014). “[A] pleading that offers ‘labels or
conclusions’ or ‘a formulaic recitation of the elements of a
cause of action will not do.’” Ashcroft v. Iqbal, 556 U.S. 662,
678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S.
544, 555 (2007)). Moreover, while pro se pleadings are liberally
construed, “pro se litigants still must allege sufficient facts
in their complaints to support a claim.” Mala v. Crown Bay
Marina, Inc., 704 F.3d 239, 245 (3d Cir. 2013) (citation
omitted) (emphasis added).
6.

Here, Plaintiff’s Complaint alleges no facts

whatsoever in relation to his statement of claim against the
CCCF (Complaint § III(C)), purported injuries caused by CCCF
(id. § IV), or requested relief sought from the CCCF (id. § V).

(discussing 28 U.S.C. § 1997e(c)(1)); Courteau v. United States,
287 F. App’x 159, 162 (3d Cir. 2008) (discussing 28 U.S.C. §
1915A(b)).
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7.

Accordingly, Plaintiff’s claims must be dismissed

because the Complaint does not set forth any factual support for
the Court to infer that a constitutional violation has occurred.
8.

Furthermore, the Complaint must be dismissed with

prejudice as to claims made against CCCF because defendant is
not a “state actor” within the meaning of § 1983. See Crawford
v. McMillian, 660 F. App’x 113, 116 (3d Cir. Oct. 21, 2016)
(“[T]he prison is not an entity subject to suit under 42 U.S.C.
§ 1983.”) (citing Fischer v. Cahill, 474 F.2d 991, 992 (3d Cir.
1973)); Grabow v. Southern State Corr. Facility, 726 F. Supp.
537, 538–39 (D.N.J. 1989) (correctional facility is not a
“person” under § 1983).
9.

Plaintiff may be able to amend the Complaint to

address the deficiencies noted by the Court. To that end, the
Court shall grant Plaintiff leave to amend the Complaint within
30 days of the date of this order.2
10.

Plaintiff is further advised that any amended

complaint must plead specific facts regarding the alleged
violations. In the event Plaintiff files an amended complaint,
Plaintiff must plead sufficient facts to support a reasonable
inference that a constitutional violation has occurred in order
to survive this Court’s review under § 1915.

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The amended complaint shall be subject to screening prior to
service.
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11.

Plaintiff should note that when an amended complaint

is filed, 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 portion is specifically
incorporated in the new complaint. 6 Wright, Miller & Kane,
Federal Practice and Procedure 1476 (2d ed. 1990) (footnotes
omitted). An amended complaint may adopt some or all of the
allegations in the original complaint, but the identification of
the particular allegations to be adopted must be clear and
explicit. Id. To avoid confusion, the safer course is to file an
amended complaint that is complete in itself. Id. The amended
complaint may not adopt or repeat claims that have been
dismissed with prejudice by the Court.
12.

For the reasons stated above, the Complaint is

dismissed without prejudice for failure to state a claim.
13.

An appropriate order follows.

February 9, 2017
Date

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

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