CARSTARPHEN v. CAMDEN COUNTY JAIL

Filing 3

OPINION. Signed by Chief Judge Jerome B. Simandle on 3/1/2017. (TH, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

FLOYD A. CARSTARPHEN,
Plaintiff,
v.

HONORABLE JEROME B. SIMANDLE

Civil Action
No. 16-cv-07179 (JBS-AMD)

CAMDEN COUNTY JAIL,

OPINION

Defendant.
APPEARANCES:
Floyd A. Carstarphen, Plaintiff Pro Se
1201 Whitman Ave.
Camden, NJ 08104
SIMANDLE, Chief District Judge:
1.

Plaintiff Floyd A. Carstarphen seeks to bring a civil

rights complaint pursuant to 42 U.S.C. § 1983 against the Camden
County Jail (“CCJ”). Complaint, Docket Entry 1.
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.

For the reasons set forth below, the Court will

dismiss the complaint without prejudice for failure to state a
claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
4.

To survive sua sponte screening for failure to state a

claim, the complaint must allege “sufficient factual matter” to
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)).
5.

Plaintiff presumably seeks monetary damages1 from CCJ.

As the CCJ is not a “state actor” within the meaning of § 1983,
the claims against it must be dismissed with prejudice. See
Crawford v. McMillian, 660 F. App’x 113, 116 (3d Cir. 2016)
(“[T]he prison is not an entity subject to suit under 42 U.S.C.

1

Plaintiff has not stated any requested relief in the complaint.
2

§ 1983.”) (citing Fischer v. Cahill, 474 F.2d 991, 992 (3d Cir.
1973)).
6.

Plaintiff may be able to amend the complaint to name

state actors who were personally involved in the alleged
unconstitutional conditions of confinement, however. To that
end, the Court shall grant Plaintiff leave to amend the
complaint within 30 days of the date of this order.
7.

Plaintiff is advised that the amended complaint 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. The substantive portions of the
complaint are blank and Plaintiff has not pled any factual
allegations. Complaint §§ III, IV, V. The complaint will
therefore be dismissed without prejudice.
8.

As Plaintiff may be able to amend his complaint to

address the deficiencies noted by the Court, the Court shall
grant Plaintiff leave to amend the complaint within 30 days of
the date of this order.
9.

In the event Plaintiff files an amended complaint, he

should include specific facts, such as the dates and length of
his confinement, whether he was a pretrial detainee or convicted
prisoner, any specific individuals who were involved in creating
or failing to remedy the conditions of confinement, and any
other relevant facts regarding the conditions of confinement.
3

10.

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.2 Id.
11.

For the reasons stated above, the complaint is

dismissed without prejudice for failure to state a claim. The
Court will reopen the matter in the event Plaintiff files an
amended complaint within the time allotted by the Court.
12.

An appropriate order follows.

March 1, 2017
Date

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

2

The amended complaint shall be subject to screening prior to
service.
4