SAWYER v. CAMDEN COUNTY CORRECTIONAL FACILITY

Filing 4

OPINION. Signed by Chief Judge Jerome B. Simandle on 3/1/17. (jbk, )

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

KIM SAWYER,

HONORABLE JEROME B. SIMANDLE
Plaintiff,
Civil Action
No. 16-7234 (JBS-AMD)

v.
CAMDEN COUNTY CORRECTIONAL
FACILITY,

OPINION

Defendant.

APPEARANCES:
Kim Sawyer, Plaintiff Pro Se
350 Blackwood Clementon, Apt. 1408
Pine Hill, NJ 08021
SIMANDLE, Chief District Judge:
INTRODUCTION
Plaintiff Kim Sawyer seeks to bring a civil rights
complaint pursuant to 42 U.S.C. § 1983 against the Camden County
Correctional Facility (“CCCF”). Complaint, Docket Entry 1.
At this time, the Court must review the complaint, pursuant
to 28 U.S.C. § 1915(e)(2), to determine whether it should be
dismissed as frivolous or malicious, for failure to state a
claim upon which relief may be granted, or because it seeks
monetary relief from a defendant who is immune from such relief.
For the reasons set forth below, the Court will dismiss the

complaint with prejudice for failure to state a claim. 28 U.S.C.
§ 1915(e)(2)(b)(ii).
II.

BACKGROUND
Plaintiff alleges that she was confined in the CCCF from

2006 to 2007. Complaint § III. She states: “I was forced to
sleep on the floor in my cell was subject to urine & body
excrelcianse [sic], of bowel movements, by living in my cell
sleeping were or near the commode. Being housed.” Id.
III. STANDARD OF REVIEW
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.
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
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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)).
IV. DISCUSSION
Plaintiff seeks monetary damages from CCCF for allegedly
unconstitutional conditions of confinement. Primarily, the
complaint must be dismissed as the CCCF is not a “state actor”
within the meaning of § 1983. 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. § 1983.”) (citing Fischer v.
Cahill, 474 F.2d 991, 992 (3d Cir. 1973)). Accordingly, the
claims against CCCF must be dismissed with prejudice.
Generally, “plaintiffs who file complaints subject to
dismissal under [§ 1915] should receive leave to amend unless
amendment would be inequitable or futile.” Grayson v. Mayview
State Hosp., 293 F.3d 103, 114 (3d Cir. 2002). This Court denies
leave to amend at this time as Plaintiff’s complaint is barred
by the statute of limitations, which is governed by New Jersey's
two-year limitations period for personal injury.1 See Wilson v.

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“Although the running of the statute of limitations is
ordinarily an affirmative defense, where that defense is obvious
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Garcia, 471 U.S. 261, 276 (1985); Dique v. N.J. State Police,
603 F.3d 181, 185 (3d Cir. 2010). The accrual date of a § 1983
action is determined by federal law, however. Wallace v. Kato,
549 U.S. 384, 388 (2007); Montanez v. Sec'y Pa. Dep't of Corr.,
773 F.3d 472, 480 (3d Cir. 2014).
“Under federal law, a cause of action accrues when the
plaintiff knew or should have known of the injury upon which the
action is based.” Montanez, 773 F.3d at 480 (internal quotation
marks omitted). Plaintiff states the events giving rise to her
claim occurred from 2006 to 2007. The allegedly unconstitutional
conditions of confinement at CCCF would have been immediately
apparent to Plaintiff at the time of her detention; therefore,
the statute of limitations for Plaintiff’s claims expired, at
the latest, in 2009. As there are no grounds for equitable
tolling of the statute of limitations,2 the complaint will be
dismissed with prejudice. Ostuni v. Wa Wa's Mart, 532 F. App’x

from the face of the complaint and no development of the record
is necessary, a court may dismiss a time-barred complaint sua
sponte under § 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to
state a claim.” Ostuni v. Wa Wa's Mart, 532 F. App’x 110, 111–12
(3d Cir. 2013) (per curiam).
2 Equitable tolling “is only appropriate ‘(1) where the defendant
has actively misled the plaintiff respecting the plaintiff's
cause of action; (2) where the plaintiff in some extraordinary
way has been prevented from asserting his or her rights; or (3)
where the plaintiff has timely asserted his or her rights
mistakenly in the wrong forum.’” Omar v. Blackman, 590 F. App’x
162, 166 (3d Cir. 2014) (quoting Santos ex rel. Beato v. United
States, 559 F.3d 189, 197 (3d Cir. 2009)).
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110, 112 (3d Cir. 2013) (per curiam) (affirming dismissal with
prejudice due to expiration of statute of limitations).
V.

CONCLUSION
For the reasons stated above, the complaint is dismissed with

prejudice for failure to state a claim. An appropriate order
follows.

March 1, 2017
Date

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

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