MADRIGAL v. ZUNIGA et al
OPINION. Signed by Judge Renee Marie Bumb on 10/23/2017. (tf, n.m.)
NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CELSO LAREDO MADRIGAL,
LETICIA ZUNIGA, ESQ. and
J. DAVID ALCANTRA, ESQ.,
Civ. Action No. 16-9415 (RMB)
BUMB, District Judge:
South Woods State Prison, in Bridgeton, New Jersey, filed a
civil rights action on December 21, 2016, without paying the
without prepayment of fees (“IFP application”) under 28 U.S.C. §
(Compl., ECF No. 1.)
The Court terminated the action,
subject to reopening if Petitioner submitted either the filing
Order, ECF Nos. 3, 4.)
Furthermore, the Court pre-screened the
Plaintiff failed to state a cognizable § 1983 claim, and the
Court lacked jurisdiction over Plaintiff’s claim to enforce an
The Court permitted Plaintiff to
complaint if he could cure the jurisdictional defect in the
Plaintiff has filed a properly completed IFP application,
which establishes his eligibility to proceed without prepayment
of fees under 28 U.S.C. § 1915. (IFP App., ECF No. 9).
Court grants Petitioner’s IFP application.
that cures the jurisdictional defect in the complaint he filed
on December 21, 2016.
Pursuant to 28 U.S.C. §§ 1915(e)(2)(B)
and 1915A, the Court must dismiss the case if it finds that the
action is: (1) frivolous or malicious; (2) fails to state a
claim upon which relief may be granted; or (3) seeks monetary
relief against a defendant who is immune from such relief.
March 22, 2017 Opinion as the conclusive screening opinion under
§§ 1915(e)(2)(B) and 1915A(b).
Plaintiff’s § 1983 claims are
Wilmington, 676 F. App’x 106, (3d Cir. 2017) (citing Polk County
v. Dodson, 454 U.S. 312, 325 (1981) (public defenders are not
state actors); Steward v. Meeker, 459 F.2d 669, 670 (3d Cir.
1972) (per curiam) (privately-retained defense counsel is not a
The Court also lacks jurisdiction over Plaintiff’s claim
for enforcement of an arbitration decision by the New Jersey Fee
Arbitration Committee because the Federal Arbitration Act does
not create independent federal question jurisdiction.
v. Citigroup Global Markets, Inc., 834 F.3d 242, 250 (3d Cir.
2016) (quoting Moses H. Cone Mem’l Hosp., v. Mercury Constr.
Corp., 460 U.S. 1, 25 n. 32 (1983).
Furthermore, there does not
appear to be diversity of citizenship between the plaintiff and
defendants, and the amount in controversy is not met.
U.S.C. § 1332.
The Court grants Plaintiff’s IFP application and dismisses
the Complaint for failure to state a claim under § 1983, and
An appropriate order follows.
October 23, 2017
s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge
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