CRISDON v. CAMDEN CITY BOARD OF EDUCATION

Filing 2

MEMORANDUM OPINION and ORDER: Plaintiffs IFP application is Granted, Clerk is directed to file the Plaintiff's complaint; ORDERED that Plaintiffs complaint be DISMISSED. Signed by Judge Noel L. Hillman on 1/3/2018. (rtm, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MYRON CRISDON,
1:16-cv-08130-NLH-AMD
Plaintiff,
MEMORANDUM
OPINION & ORDER

v.
CAMDEN CITY BOARD OF
EDUCATION,
Defendant.

APPEARANCES:
MYRON CRISDON
627 PEARL STREET
CAMDEN, NJ 08102
Appearing pro se
HILLMAN, District Judge
WHEREAS, Plaintiff, Myron Crisdon, appearing pro se, has
filed a complaint against the Camden City Board of Education;
and
WHEREAS, Plaintiff claims Defendant violated his federal
rights when it failed to issue his high school diploma in June
2007; and
WHEREAS, Plaintiff has filed an application to proceed
without prepayment of fees (“in forma pauperis” or “IFP”
application), and pursuant to 28 U.S.C. § 1915(a)(1), a court
may allow a litigant to proceed without prepayment of fees if he

submits a proper IFP application; and
WHEREAS, although § 1915 refers to “prisoners,” federal
courts apply § 1915 to non-prisoner IFP applications, Hickson v.
Mauro, 2011 WL 6001088, *1 (D.N.J.2011) (citing Lister v. Dept.
of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005) (“Section
1915(a) applies to all persons applying for IFP status, and not
just to prisoners.”) (other citations omitted); and
WHEREAS, the screening provisions of the IFP statute
require a federal court to dismiss an action sua sponte if,
among other things, the action is frivolous or malicious, or if
it fails to comply with the proper pleading standards, see 28
U.S.C. § 1915(e)(2)(B)(i)-(iii); Ball v. Famiglio, 726 F.3d 448,
452 (3d Cir. 2013); Martin v. U.S. Department of Homeland
Security, 2017 WL 3783702, at *1 (D.N.J. August 30, 2017)
(“Federal law requires this Court to screen Plaintiff's
Complaint for sua sponte dismissal prior to service, and to
dismiss any claim if that claim fails to state a claim upon
which relief may be granted under Fed. R. Civ. P. 12(b)(6)
and/or to dismiss any defendant who is immune from suit.”); and
WHEREAS, the Court finds that Plaintiff’s instant suit is
duplicative of two of his prior actions brought in this Court
(see Civil Action Nos. 13–4427 (NLH/KMW) and 15–2119 (NLH/KMW)),
and this case fails for the same reasons articulated in the
Court’s Opinions in those cases (see Docket No. 6 in 13–4427,
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Docket No. 4 in 15-2119);
THEREFORE,
IT IS on this

3rd

day of

January

, 2018

ORDERED that Plaintiff’s IFP application (Docket No. 1-1)
be, and the same hereby is, GRANTED, and the Clerk is directed
to file Plaintiff's complaint; and it is further
ORDERED that Plaintiff’s complaint be, and the same hereby
is, DISMISSED.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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