JACKSON v. DIVISON OF DEVELOPMENTAL DISABILITY et al

Filing 14

MEMORANDUM ORDER Granting Plaintiffs application to proceed in forma pauperis; Directing the Clerk to file the Complaint; Dismissing the Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim; Plaintiff may file an Am ended Complaint that conforms to the Federal Rules of Civil Procedure by 2/22/2016; If Plaintiff does not file an Amended Complaint by 2/22/2016 the Complaint will be dismissed and the case will be closed. Signed by Judge Michael A. Shipp on 1/14/2016. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JOEY W. JACKSON,
Plaintiff,
v.
DIVISION OF DEVELOPMENTAL
DISABILITY, et al.,

Civil Action No. 15-8415 (MAS) (DEA)

MEMORANDUM ORDER ON
APPLICATION TO PROCEED
WITHOUT PREPAYMENT OF FEES

Defendants.

This matter comes before the Court on the application of Plaintiff Joey W. Jackson
("Plaintiff') to proceed without prepayment of fees under 28 U.S.C. § 1915. (ECF No. 5.) The
Court will grant the application on the strength of Plaintiffs allegation of indigence but dismisses
the Complaint because it fails to state a claim upon which relief may be granted. See 28 U.S.C.
§ 1915(e)(2)(B).

Plaintiff asks the Court to order "the state to carry out the promise as dated [sic]
Nov[ ember] 24, 2015[,] with my early transfer to a supervised apartment." (Compl. 4, ECF No. 1.)
Plaintiff currently lives in a group home that is run by Allies, an agency contracted by the Division
of Developmental Disabilities. Plaintiff is seeking to be transferred to a one-bedroom apartment
in a managed care facility that is not a group home. Based on the allegations in the Complaint, the
Court cannot discern a valid or cognizable claim against the Defendants. Accordingly, Plaintiff's
Complaint is dismissed for failure to state a claim upon which relief may be granted.

Accordingly,

~

IT IS, on this / <f day of January 2016, ORDERED that:

1.

Plaintiffs application to proceed in forma pauperis is hereby granted pursuant to
28 u.s.c. § 1915;

2.

The Clerk of the Court shall file the Complaint without prepayment of fees or
security;

3.

The Complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to
state a claim;

4.

Plaintiff may file an amended complaint that conforms to the Federal Rules of Civil
Procedure by February 22, 2016; and

5.

If Plaintiff does not file an amended complaint by February 22, 2016, the
Complaint shall be dismissed with prejudice and the case shall be closed.

MI~P

UNITED STATES DISTRICT JUDGE

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