WILLIAMS v. SOUTHWOODS STATE PRISON et al

Filing 2

OPINION. Signed by Judge Renee Marie Bumb on 4/10/2017. (rtm, )

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
JOHN L. WILLIAMS, Jr.,

:
:
Plaintiff,
:
:
v.
:
:
:
SOUTH WOODS STATE PRISON, and :
UCHC MEDICAL STAFF,
:
:
Defendants.
:
:

Civ. Action No. 17-1466 (RMB)

OPINION

BUMB, District Judge:
Plaintiff John L. Williams, Jr., a prisoner confined in
South Woods State Prison, in Bridgeton, New Jersey, initiated
this

action

Request.”

by

filing

(ECF No. 1.)

a

self-styled

“Late

Tort

Extension

The Court will construe this document

(ECF No. 1) as a prisoner civil rights complaint under 42 U.S.C.
§ 1983.1

Plaintiff initiated this action without paying the

1

A District Court cannot grant an extension of a statute of
limitations to a pro se litigant.
See Wertheimer v. Grounds,
No. C 14–00502 LB, 2015 WL 1848536, at *3 (N.D. Ca. Apr. 22,
2015) (while a court can accommodate scheduling matters, it
cannot refuse to apply the statute of limitations to a pro se
litigant). The Court will construe Plaintiff’s document, filed
on March 3, 2017, as a prisoner civil rights complaint.
See
Erickson v. Pardus, 551 U.S. 89, 94 (2007) (“A document filed
pro se is ‘to be liberally construed’” (quoting Estelle v.
Gamble, 429 U.S. 97, 106 (1976)).
Plaintiff should be aware
that if he files an amended complaint after the statute of
limitations expires, it must relate back to a timely-filed
1 

filing

fee

prepayment

or

submitting

of

fees

an

(“IFP

application

application”)

to

proceed

under

28

without

U.S.C.

§

1915(a).
The Prison Litigation Reform Act of 1995 (the “Act”), which
amends

28

U.S.C.

§

1915,

establishes

certain

financial

requirements for prisoners who are attempting to bring a civil
action in forma pauperis.
civil

action

including

a

in

Under the Act, a prisoner bringing a

forma

statement

pauperis

of

all

must

assets,

submit

affidavit,
that

the

28 U.S.C. § 1915(a)(1).

prisoner is unable to pay the fee.

which

an

states

The

prisoner also must submit a certified copy of his inmate trust
fund

account

statement

for

the

six-month

preceding the filing of his complaint.

period

immediately

28 U.S.C. § 1915(a)(2).

The prisoner must obtain this statement from the appropriate
official of each prison at which he was or is confined.

Id.

The entire fee to be paid in advance of filing a civil
complaint is $400.

That fee includes a filing fee of $350 plus

an administrative fee of $50, for a total of $400.
who

is

granted

in

forma

pauperis

status

will,

A prisoner
instead,

be

complaint.
See Glover v. F.D.I.C., 698 F.3d 139, 145 (3d Cir.
2012) (describing relation back under Fed. R. Civ. P.
15(c)(1)(B)). Additionally, if a complaint is filed outside the
statute of limitations, Plaintiff may seek equitable tolling, if
extraordinary circumstances prevented him from timely filing.
See Freeman v. State, 347 N.J.Super. 11 (N.J. Super. Ct. App.
Div. 2002) (describing equitable tolling of § 1983 claims under
New Jersey law.)
2 

assessed a filing fee of $350 and will not be responsible for
the $50 administrative fee.

If in forma pauperis status is

denied, the prisoner must pay the full $400, including the $350
filing fee and the $50 administrative fee, before the complaint
will be filed.
If the prisoner is granted in forma pauperis status, the
prisoner must pay the full amount of the $350 filing fee.
U.S.C. § 1915(b)(1).

28

In each month that the amount in the

prisoner’s account exceeds $10.00, until the $350.00 filing fee
is paid, the agency having custody of the prisoner shall assess,
deduct from the prisoner’s account, and forward to the Clerk of
the Court, payment equal to 20% of the preceding month’s income
credited to the prisoner’s account.
Plaintiff

may

not

have

28 U.S.C. § 1915(b)(2).

known

when

he

submitted

his

complaint that he must pay the filing fee in installments, and
that even if the full filing fee, or any part of it, has been
paid, 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.
U.S.C. § 1915(e)(2)(B).

28

If the Court dismisses the case for any

of these reasons, the Act does not permit the prisoner to get
his filing fee back.

3 

After Plaintiff completes his IFP application by submitting
his inmate trust fund account statement for the six-month period
immediately preceding the filing of his complaint, if he chooses
to do so, the Court must review the complaint pursuant to 28
U.S.C.

§

1915(e)(2)(B)

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.2
I. STANDARDS FOR A SUA SPONTE DISMISSAL
A pleading must contain a “short and plain statement of the
claim showing that the pleader is entitled to relief.”
Civ. P. 8(a)(2).

Fed. R.

“To survive a motion to dismiss, a complaint

must contain sufficient factual matter, accepted as true, to
‘state

a

Ashcroft

claim
v.

to

Iqbal,

relief
556

that

U.S.

is

662,

plausible
678

(2009)

on

its

(quoting

Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).
has

facial

plausibility

when

the

plaintiff

face.’”

pleads

Bell

“A claim
factual

content that allows the court to draw the reasonable inference
that the defendant is liable for the misconduct alleged.”

Id.

(quoting Twombly, 550 U.S. at 556.)

2

This Court’s conclusive screening of Plaintiff’s claims is
reserved until he pays the filing fee or obtains in forma
pauperis status. See Izquierdo v. New Jersey, 532 F. App’x 71,
72-73 (3d Cir. July 25, 2013) (district court may decide whether
to dismiss the complaint under 28 U.S.C. § 1915(e)(2) after
leave to proceed IFP is granted).
4 

“[A]

court

must

accept

contained in a complaint.”
conclusions

as

true.

as

Id.

Id.

true

all

of

the

allegations

A court need not accept legal

Legal

conclusions,

together

with

threadbare recitals of the elements of a cause of action, do not
suffice to state a claim.

Id.

Thus, “a court considering a

motion to dismiss can choose to begin by identifying pleadings
that,

because

they

are

no

more

than

conclusions,

entitled to the assumption of truth.” Id. at 679.

are

not

“While legal

conclusions can provide the framework of a complaint, they must
be supported by factual allegations.”

Id.

If a complaint can

be remedied by an amendment, a district court may not dismiss
the complaint with prejudice, but must permit the amendment.
Grayson v. Mayview State Hospital, 293 F.3d 103, 108 (3d Cir.
2002).
II.

DISCUSSION
A.

The Complaint

Plaintiff alleges the following in his submission, which
this

Court

(Compl.,

construes

ECF

No.

as

1.)

a

Plaintiff’s

serious medical condition.
Prison

falsely

malingering
multiple

his

stated
injury.

retaliations,

prisoner

rights

complaint

stems

complaint.
from

his

Staff members at South Woods State

on

the

record

Plaintiff
which

caused

grievances.
5 

civil

that

has

been

him

to

Plaintiff
subjected
file

was
to

executive

B.

Section 1983 claims

A plaintiff may have a cause of action under 42 U.S.C. §
1983

for

certain

violations

of

his

constitutional

rights.

Section 1983 provides in relevant part:
Every person who, under color of any
statute, ordinance, regulation, custom, or
usage, of any State or Territory ...
subjects, or causes to be subjected, any
citizen of the United States or other person
within the jurisdiction thereof to the
deprivation of any rights, privileges, or
immunities secured by the Constitution and
laws, shall be liable to the party injured
in an action at law, suit in equity, or
other proper proceeding for redress.

Thus, to state a claim for relief under § 1983, a plaintiff
must allege, first, the violation of a right secured by the
Constitution or laws of the United States and, second, that the
alleged deprivation was committed or caused by a person acting
under color of state law.

West v. Atkins, 487 U.S. 42, 48

(1988); Piecknick v. Pennsylvania, 36 F.3d 1250, 1255–56 (3d
Cir. 1994).
1.

South Woods State Prison

The Eleventh Amendment states, “[t]he Judicial power of the
United States shall not be construed to extend to any suit in
law or equity, commenced or prosecuted against one of the United
States by Citizens of another State, or by Citizens or Subjects
of any Foreign State.”

Under the Eleventh Amendment, a state

6 

prison is immune from suit under § 1983.

Baker v. James T.

Vaughn Correctional Center,  425 F. App’x 83, 84 (3d Cir. 2011).
“Congress

did

not

abrogate

the

enactment of 42 U.S.C. § 1983.”
42, 44 (3d Cir. 2015.)
Amendment immunity.

Id.

states'

immunity

through

the

Gromek v. Maenza, 614 F. App’x

New Jersey has not waived its Eleventh
Therefore, South Woods State Prison is

not a proper defendant to this action.
The proper defendants to a § 1983 action for money damages
are

state

actors,

personally

involved

in
in

their
the

individual
alleged

capacities,

constitutional

who

were

violation.

See Iqbal, 556 U.S. at 676 (a plaintiff must plead that each
Government-official

defendant,

through

the

official's

own

individual actions, has violated the Constitution.)
2.

UCHC Medical Staff

Plaintiff’s

claim

that

unidentified

UCHC

Medical

Staff

falsely accused Plaintiff of malingering his injury in a written
record is insufficient to state an Eighth Amendment claim for
deliberate indifference to his serious medical needs.

“In order

to establish a violation of [a prisoner’s] constitutional right
to

adequate

medical

care,

evidence

must

show

(i)

a

serious

medical need, and (ii) acts or omissions by prison officials
that indicate deliberate indifference to that need.

Natale v.

Camden County Correctional Facility, 318 F.3d 575, 582 (3d Cir.

7 

2003) (quoting Rouse v. Plantier, 182 F.3d 192, 197 (3d Cir.
1999)).
A complaint that a physician has been
negligent
in
diagnosing
or
treating
a
medical condition does not state a valid
claim of medical mistreatment under the
Eighth Amendment. . .
a prisoner must
allege
acts
or
omissions
sufficiently
harmful to evidence deliberate indifference
to serious medical needs.
Estelle, 429 U.S. at 106.

Plaintiff’s complaint against UCHC

Medical Staff fails to state a claim under § 1983.
3.

Retaliation

Plaintiff alleges retaliation by prison staff but he has
not described who retaliated against him, how they retaliated,
and

what

they

were

retaliating

against.

Plaintiff

has

not

alleged sufficient facts to state a plausible claim for relief.
In order to establish illegal retaliation
for
engaging
in
protected
conduct,
[a
plaintiff] must prove that: (1) his conduct
was
constitutionally
protected;
(2)
he
suffered an adverse action at the hands of
prison
officials;
and
(3)
his
constitutionally protected conduct was a
substantial or motivating factor in the
decision
to
discipline
him.
Because
motivation is almost never subject to proof
by direct evidence, [a plaintiff] must rely
on
circumstantial
evidence
to
prove
a
retaliatory motive. He can satisfy his
burden with evidence of either (1) an
unusually
suggestive
temporal
proximity
between the protected activity and the
allegedly retaliatory action, or (2) a
pattern of antagonism coupled with timing
that suggests a causal link.

8 

Watson v. Rozum, 834 F.3d 417, 422 (3d Cir. 2016) (footnotes
omitted).

The adverse action alleged must be “sufficient to

deter a person of ordinary firmness from exercising his First
Amendment rights.”

Allah v. Seiverling, 229 F.3d 220, 225 (3d

Cir. 2000) (internal quotation marks omitted).
C.

New Jersey Tort Claims Act

Plaintiff entitled his submission to the Court “Late Tort
Extension Request.”

Plaintiff may be trying to assert a state

tort

If

law

claim.

Plaintiff

seeks

to

bring

a

medical

malpractice claim under New Jersey law, he should be aware that
state law requires that he file a notice of claim with the
public entity “not later than the 90th day after accrual of the
cause of action,” and if that claim is denied, “the claimant may
file

suit

in

expiration

of

received.

an
six

appropriate

court

months

the

from

of

date

law[,]”
notice

after

of

claim

the
is

N.J.S.A. 59:8-8.

III. CONCLUSION
The

Court

will

administratively

terminate

this

matter

without prejudice because Plaintiff failed to pay the filing fee
or

submit

a

complete

IFP

application

1915(a)(2).

9 

under

28

U.S.C.

§

An appropriate order follows.

s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge
Dated: April 10, 2017

10