RIVERA v. CAMDEN COUNTY CORRECTIONAL FACILITY et al

Filing 2

OPINION. Signed by Chief Judge Jerome B. Simandle on 2/7/17. (jbk, )

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

ORLANDO J. RIVERA,

HONORABLE JEROME B. SIMANDLE

Plaintiff,
Civil Action
No. 16-7791 (JBS-AMD)

v.
CAMDEN COUNTY CORRECTIONAL
FACILITY; DAVID OWENS, JR.,

OPINION

Defendants.

APPEARANCES:
Orlando J. Rivera, Plaintiff Pro Se
1132 North 37th Street
Camden, New Jersey 08105
SIMANDLE, Chief District Judge:
INTRODUCTION
Plaintiff Orlando J. Rivera seeks to bring a civil rights
complaint pursuant to the 42 U.S.C. § 1983 against the Camden
County Correctional Facility (“CCCF”) and David Owens, Jr.
Complaint, Docket Entry 1. Based on Plaintiff’s affidavit of
indigency, the Court will grant his application to proceed in
forma pauperis.
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 between June 17, 2013 and July 1,

2013 as well as between August 23, 2013 and November 20, 2013,
he was detained in the Camden County Correctional Facility
(“CCCF”) in an overcrowded cell with over eight other men.
Complaint § III. He further alleges he was “required to lay on
floor despite having asthma.” He further alleges that during his
detention he had been recovering from a gunshot wound and had a
colostomy bag. He alleges that he begged the correction officers
to allow him to speak to someone in regards to the conditions of
the cell due to his high risk of infection, but these requests
were denied. 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

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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
alleged.” Fair Wind Sailing, Inc. v. Dempster, 764 F.3d 303, 308
n.3 (3d Cir. 2014) (quoting Iqbal, 556 U.S. at 678). “[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 for allegedly
unconstitutional conditions of confinement in the CCCF that he
experienced between June 17, 2013 and July 1, 2013 and between
August 23, 2013 and November 20, 2013. 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

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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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Wilson v. 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 he was detained between June
17, 2013 and July 1, 2013 and between August 23, 2013 and
November 20, 2013. The allegedly unconstitutional conditions of
confinement at CCCF would have been immediately apparent to
Plaintiff at the time of his detention; therefore, the statute
of limitations for Plaintiff’s claims expired November 20, 2015
at the latest. As there are no grounds for equitable tolling of
the statute of limitations,2 the complaint will be dismissed with

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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prejudice. Ostuni v. Wa Wa's Mart, 532 F. App’x 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.

February 7, 2017
Date

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

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