HARE v. PLOUSIS et al
Filing
18
OPINION filed. Signed by Judge Anne E. Thompson on 10/30/2015. (mmh)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
ORLANDO HARE,
Plaintiff,
Civil Action
No. 14-1343 (AET-TJB)
v.
JAMES T. PLOUSIS, et al.,
OPINION
Defendants.
RECEIVED
APPEARANCES:
Orlando Hare, Plaintiff Pro Se
55 Christoph Street
Trenton, New Jersey 08618
NOV 0 2 2015
AT 8:30
WILLIAM T. WALSH
CLERK
iV1
THOMPSON, District Judge:
I.
INTRODUCTION
Before the Court is Plaintiff Orlando Hare's ("Plaintiff"),
submission of an amended civil rights complaint pursuant to 42
U.S.C. § 1983.
(Docket Entry 4). By Order dated September 18,
2015, this Court granted Plaintiff's application to proceed in
forma pauperis. -(Docket Entry 16)
At this time, the Court must
review the complaint pursuant to 28 U.S.C. § 1915A 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
concludes that the complaint shall be dismissed. Plaintiff shall
be given leave to move to amend his complaint in certain
respects.
II. BACKGROUND
On June 23, 2010, Plaintiff, who was at that time
incarcerated at Bayside State Prison, was approved for placement
(Docket Entry 4 ! 13). He was transferred
into a halfway house.
to the Albert M. "Bo" Robinson Assessment and Treatment Center
(Docket Entry 4 !
on December 22, 2010.
14). No furlough
restrictions or special conditions were placed on Plaintiff's
residence.
(Docket Entry 4 ! 14). He was thereafter transferred
to Kintock Halfway House, then to Fletcher House, again without
any restrictions or special conditions placed on his residence.
(Docket Entry 4 ! 14).
At some point in time, Kintock House submitted a Furlough
Site Investigation request.
(Docket Entry 4 ! 15). As no one
ever responded to this request, Plaintiff asked his case manager
in July 2011 to submit a new site investigation request.
(Docket
Entry 4 ! 15). Defendant Fred Brodsky, an officer with the New
Jersey Parole
Board~
visited Plaintiff's proposed furlough site
on August 16, 2011, and left a message for his sponsor, April
Keel.
(Docket Entry 4 !
16). Ms. Keel later called Defendant
Brodsky and answered his questions about her home, including the
fact that she had two teenage children residing in her home.
(Docket Entry 4 ! 17) . When she indicated that she would be
2
purchasing a new home in October 2011, Defendant-Brodsky ~ssured
her that Plaintiff would be furloughed before then.
Entry 4
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