JAMES v. COUNTY OF MERCER et al
MEMORANDUM AND ORDER Dismissing 8 Amended Complaint without prejudice. Within 30 days from the entry date of this order, Plaintiff shall amend the complaint to cure defects identified by the Court in its 10/16/2015 opinion. Signed by Judge Peter G. Sheridan on 6/1/2017. (km)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 15-5748 (PGS) (LHG)
MEMORANDUM AND ORDER
COUNTY OF MERCER, et al.,
This matter has come before the Court, informa pauperis, on the civil rights Complaint
of Plaintiff James James pursuant to 42 U.S.C.
1983. The Court previously dismissed the
Complaint on screening, finding that, among other things, some of Plaintiff’s claims were timebarred, while others failed to state a claim upon which relief may be granted. ECF No. 6. For
example, the Court stated that “Plaintiff has provided absolutely no information about the facts
and circumstances of his arrest. He merely states in a conclusory manner that he was arrested for
murder without probable cause. Without any factual context, the Court is unable to find that
Plaintiff has stated a claim for false arrest and/or imprisonment.” Id. at 8 n.4.
however, gave Plaintiff an opportunity to amend the Complaint and cure the defects identified by
Id. at 11.
Presently before the Court is Plaintiff’s Amended Complaint and
supporting brief. ECF Nos. 8 & 8-1.
However, the Amended Complaint does not cure any of the defects identified by the
Court. Indeed, while the original Complaint was six pages, the Amended Complaint is two
pages, and contains even less factual allegations than the original Complaint. In addition, the
“supporting” brief seems to be a near-identical recitation of the Amended Complaint. If this is
Plaintiff’s honest attempt at “curing” the defective Complaint, the Court is fairly convinced that
Plaintiff has no valid claims to assert. Nevertheless, the Court will grant Plaintiff one last chance
to cure the defects identified by the Court’s October 16, 2015 opinion, ECF No. 6—failure to
cure the defects and state a valid claim will result in the dismissal of the case with prejudice.
IT IS therefore on this
ORDERED that the Amended Complaint, ECF No. 8, is hereby DISMISSED
WITHOUT PREJUDICE; it is further
ORDERED that within thirty (30) days from the entry of this Order, Plaintiff shall
amend the complaint to cure the defects identified by the Court in its October 16, 2015 opinion;
failure to properly amend will result in the dismissal of the case with prejudice; and it is further
ORDERED that that the Clerk shall serve this Order upon Plaintiff by regular mail, and
shall CLOSE the file.
Peter G. Sheridan
United States District Judge
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