HESLOP v. DANIELS et al
Filing
5
MEMORANDUM OPINION filed. Signed by Judge Michael A. Shipp on 4/24/2018. (km)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
NEVEL HE$LOP,
Civil Action No. 18-1503 (MAS) (TJB)
Plaintiff,
MEMORANDUM OPINION
v.
SGT. B. DANIELS, et al.,
Defendants.
Plaintiff is proceeding with a civil rights Complaint filed pursuant to 42 U.S.C.
§
1983.
Because Plaintiff is proceeding informapauperis, (see Order, Apr. 3, 2018, ECF No. 4), the Court
must screen the Complaint to determine whether the case should be dismissed because it is
frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary
relief against a defendant who is immune from such relief. 28 U.S.C.
§
1915(e)(2). Having
completed this screening, for the reasons stated below, the Complaint is dismissed.
Plaintiff names two defendants in the Complaint, $gt. B. Daniels and SCO Pierce. Beyond
naming them as defendants, however, the Complaint does not otherwise reference these two
defendants.
Specifically, although the Complaint contains factual allegations for an Eighth
Amendment denial of medical services claim, Plaintiff does not explain how the two nameddefendants were involved in his claim.
While a complaint.
does not need detailed factual allegations, a
plaintiffs obligation to provide the “grounds” of his “entitle[mentJ
to relief’ requires more than labels and conclusions, and a formulaic
recitation of the elements of a cause of action will not do
Factual allegations must be enough to raise a right to relief above
the speculative level.
.
.
.
.
.
Bell Ati. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citations omitted).
Here, Plaintiffs
Complaint does not include even a formulaic recitation of the elements of his cause of action
against the named-defendants because it contains no allegations against them. As such, the
Complaint is dismissed without prejudice for failure to state a claim upon which relief may be
granted. Plaintiff may, within 30 days of the accompanying Order, move to amend the Complaint
to cure the defects identified herein; failure to amend will result in the dismissal of the Complaint
with prejudice.
MICHAEL
A. S
i
UNITED STATES DISTRICT JUDGE
Dated:
2
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