KHETANI v. MIDDLESEX COUNTY PROSECUTORS OFFICE et al

Filing 7

MEMORANDUM ORDER granting 5 - 1 Application IFP. The Clerk of the Court shall file the 5 Complaint and provide Plaintiff with a copy of the USM-285 form for each Defendant. Signed by Judge Robert Kirsch on 9/25/2023. (jdg)

Case 3:23-cv-00534-RK-DEA Document 7 Filed 09/25/23 Page 1 of 3 PageID: 121

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

SUDEEP KHETANI,
Plaintiff,
Civil Action No. 23-534 (RK) (DEA)
V.

PLAENSBORO TOWNSHIP, et al.,

MEMORANDUM ORDER

Defendants.

THIS MATTER comes before the Court upon Plaintiff Sudeep Khetani's ("Plaintiff)
application to proceed in forma pauperis, together with Plaintiff's Complaint against Defendants
Plainsboro Township, Plainsboro Police Department, Plainsboro Police Department Chiefs Guy
Armour and Fred Tavener, and Plainsboro Police Department Officers Patrick Miller, Daniel
LaRocca, Joseph Jankowski, William Atkinson, and Kenneth Beatty (collectively, "Defendants").
(ECFNos.5,5-2).1
Under 28 U.S.C. § 1915, the Court may pennit a plaintiff to proceed in forma pauperis
("IFP"), which allows the plaintiff to bring a civil suit without paying a filing fee. When
considering an JFP application, the Court applies a two-step process: "First, the Court determines
whether the plaintiff is eligible to proceed under 28 U.S.C. § 1915(a). . . . Second, the Court
determines whether the Complaint should be dismissed as frivolous or for failure to state a claim
upon which relief may be granted, as required by 28 U.S.C. § 1915(e)." Archie v. Mercer Cnty.
Courthouse, No. 23-3553, 2023 WL 5207833, at *2 (D.N.J. Aug. 14,2023) (citing 7?om^ v. Jeffes,

1 Plaintiff has filed three Complaints, (ECF Nos. 1, 4, 5), which appear identical except for the
accompanying exhibits. For the purposes of screening the Complaint pursuant to 28 U.S.C. § 1915, the

Court will consider Plaintiff's most recently-filed Complaint. (ECF No. 5.)

Case 3:23-cv-00534-RK-DEA Document 7 Filed 09/25/23 Page 2 of 3 PageID: 122

904 F.2d 192, 194 n.l (3d Crr. 1990)); West v. Cap. Police, No. 23-1006, 2023 WL 4087093, at
*2 (D.N.J. June 20, 2023) ("Once an application to proceed in forma pauperis has been granted,
the Court is required to screen the complaint and dismiss the action sna sponte if, among other
things, the action is frivolous or malicious, or if it fails to comply with the proper pleading
standards.").

Leave to proceed in forma pauperis will be granted in this case as Plaintiff has adequately
set forth his basis to proceed without paying the fees. The Court also has screened the Complaint
to determine if it is frivolous or malicious, or fails to observe the necessary pleading requirements
or to state a claim. Plaintiff brings claims under 42U.S.C. § 1983 and common law claims for
false arrest and malicious prosecution. (ECF No. 5.) Plaintiff also alleges violations of the Fourth
and Fourteenth Amendments and that Defendants' conduct was animated by racial and ethnic
discrimination. {Id.) Based on this Court's preliminary review, the Court will permit the Complaint
to proceed.

IT IS on this 25th of September, 2023, ORDERED that:
1. Plaintiffs DFP Application, (ECF No. 5-2), is GRANTED;
2. The Clerk shall file the Complaint, (ECF No. 5);
3. The Clerk of the Court shall provide Plaintiff with a copy of the USM-285 form for
each named Defendant;

2 "The Court's preliminary review under 28U.S.C. § 1915 does not determine whether the allegations in
the complaint would survive a properly supported motion to dismiss filed by a defendant after service."
Ramirez v. Harper, No. 22-4986, 2022 WL 20335766, at *1 (D.N.J. Dec. 8, 2022) (citing Richardson v.

Cascade Skating Rink, No. 19-08935, 2020 WL 7383188, at *2 (D.N.J. Dec. 16, 2020) ("[TJhis Court
recognizes "[a] § 1915(e) screening determination is a preliminary and interlocutory holding, subject to
revision at any time prior to entry of final judgment." (citations and quotation marks omitted)).

Case 3:23-cv-00534-RK-DEA Document 7 Filed 09/25/23 Page 3 of 3 PageID: 123

4. Plaintiff shall complete the form for each Defendant and return them to the Clerk of
Court, Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton,

NJ 08608;
5. Upon receiving Plaintiffs completed forms, the Clerk of the Court shall issue
summons, and the United States Marshals Service shall serve a copy of the complaint,
summons, and this Order upon Defendants pursuant to 28 U.S.C. § 1915(d), with all
costs of service advanced by the United States;
6. Defendants shall file and serve a responsive pleading within the time specified by
Federal Rule of Civil Procedure 12;

7. Pursuant to 28 U.S.C. § 1915(e)(l) and the Local Civil Rules, Appendix H § 4(a), the
Clerk shall notify Plaintiff of the opportunity to apply in writing to the assigned judge
for the appointment of pro bono counsel;
8. The Clerk shall enclose with such notice a copy of Appendix H and a form Application
for Appointment of Pro Bono Counsel;
9. If at any time prior to the filing of a notice of appearance by Defendant(s), Plaintiff
seeks the appointment of pro bono counsel or other relief, pursuant to Federal Rule of

Civil Procedure 5 (a) and (d), Plaintiff shall (1) serve a copy of the application by regular
mail upon each party at his last known address and (2) file a Certificate of Service; and
10. The Clerk of the Court shall send a copy of this Order to Plaintiff by regular U.S. mail.

ROBERT KlRSCH
UNITED STATES DISTRICT JUDGE