MCCOY v. ATLANTIC COUNTY JUSTICE FACILITY et al
OPINION. Signed by Judge Renee Marie Bumb on 9/6/17. (jbk, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ANTOINE D. McCOY,
Civ. No. 17-5178 (RMB)
ATLANTIC COUNTY JUSTICE
FACILITY, and GERALDINE COHEN,
BUMB, District Judge
Plaintiff Antoine D. McCoy seeks to bring a civil rights
complaint pursuant to 42 U.S.C. § 1983 against the Atlantic
County Justice Facility and Warden Geraldine Cohen, based on the
conditions of confinement.
(Compl., ECF No. 1.)
prepayment of fees.
He has filed
(IFP App., ECF No.1-2.)
28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b) require courts to
review a prisoner’s complaint in a civil action and sua sponte
dismiss any claims that are (1) frivolous or malicious; (2) fail
to state a claim on which relief may be granted; or (3) seek
monetary relief against a defendant who is immune from such
relief. For the reasons discussed below, the Court will grant
the IFP application and dismiss the complaint without prejudice.
Sua Sponte Dismissal
Courts must liberally construe pleadings that are filed pro
Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quoting Estelle
v. Gamble, 429 U.S. 97, 106 (1976)).
(internal quotation marks omitted).
Thus, “a pro se complaint,
“Court personnel reviewing
deciphering why the submission was filed, what the litigant is
seeking, and what claims she may be making.”
See Higgs v. Atty.
Gen. of the U.S., 655 F.3d 333, 339-40 (3d Cir. 2011) (quoting
Jonathan D. Rosenbloom, Exploring Methods to Improve Management
and Fairness in Pro Se Cases: A Study of the Pro Se Docket in
the Southern District of New York, 30 Fordham Urb. L.J. 305, 308
review complaints filed by persons proceeding in forma pauperis
in civil actions, and dismiss any claim that is frivolous or
granted, or seeks monetary relief from a defendant who is immune
from such relief.
A pleading must contain a “short and plain
statement of the claim showing that the pleader is entitled to
Fed. R. Civ. P. 8(a)(2).
“To survive a motion to
accepted as true, to ‘state a claim to relief that is plausible
on its face.’”
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)
“A claim has facial plausibility when the plaintiff
Id. (quoting Twombly, 550 U.S. at 556.)
contained in a complaint[.]”
Legal conclusions, together
with threadbare recitals of the elements of a cause of action,
conclusions, are not entitled to the assumption of truth.”
“While legal conclusions can provide the framework of a
complaint, they must be supported by factual allegations.”
If a complaint can be remedied by an amendment, a district court
may not dismiss the complaint with prejudice, but must permit
Grayson v. Mayview State Hospital, 293 F.3d 103,
108 (3d Cir. 2002).
confinement, including black mold in the showers and outdated
problems, boils, and ringworms.
(Compl., ECF No. 1.)
“state actor” within the meaning of § 1983.
See Crawford v.
McMillian, 660 F. App’x 113, 116 (3d Cir. 2016) (“the prison is
not an entity subject to suit under 42 U.S.C. § 1983”) (citing
Therefore, the claims against ACJF must be dismissed.
To state a § 1983 claim for a constitutional violation, a
plaintiff must allege facts showing each defendant’s personal
involvement in the alleged misconduct.
Evancho v. Fisher, 423
F.3d 347, 353 (3d Cir. 2005) (quoting Rode v. Dellarciprete, 845
F.3d 1195, 1207 (3d Cir. 1988).
Here, Plaintiff has not alleged
any facts concerning the involvement of Geraldine Cohen in the
conditions of the jail.
Plaintiff asserts only that he alerted
(Compl., ECF No. 1, ¶¶III, IV.)
Plaintiff, however, may be able to amend the complaint to
name state actors who were personally involved in the alleged
advised that the amended complaint must plead sufficient facts
violation has occurred, in order to survive this Court’s review
under §§ 1915 and 1915A.
The due process analysis requires
courts to consider whether the totality of the conditions “cause
inmates to endure such genuine privations and hardship over an
excessive in relation to the purposes assigned to them.
omitted) (emphasis added) (quoting Bell v. Wolfish, 441 U.S.
520, 542 (1979)).
The fact that an individual is temporarily
exposed to mold and outdated ventilation, without more, does
rise to the level of a constitutional violation.
If Plaintiff files an amended complaint, he should include
confinement(s), any specific individuals who were involved in
creating or failing to remedy the conditions of confinement, and
complaint is filed, it should be complete in itself because it
replaces the original complaint.
See 6 Wright, Miller & Kane,
Federal Practice and Procedure 1476 (2d ed. 1990).
For the reasons stated above, the complaint is dismissed
without prejudice for failure to state a claim. The Court will
reopen the matter if Plaintiff files an amended complaint within
the time allotted by the Court.
An appropriate order follows.
s/Renée Marie Bumb__________
RENÉE MARIE BUMB
United States District Judge
Dated: September 6, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?