UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

MARSHALL DYLAN PAPIER, Civ. No. 21-3615 (KM) (ESK)

Plaintiff, MEMORANDUM AND ORDER v.

EVOKE THERAPY PROGRAMS Defendant.

KEVIN MCNULTY, U.S.D.J.: On February 26, 2021, Plaintiff Marshall Papier initiated this action against Defendant Evoke Therapy Programs by way of a form Complaint asserting claims for intentional infliction of emotional distress, battery, assault, negligence, fraud, unlawful touching, personal injury, and medical malpractice. (Compl. at 4).1 On March 7, 2021, Plaintiff filed an application (DE 3) to proceed in forma pauperis, which the Court granted earlier today, March 10, 2021 (DE 4). Summons was then issued to Defendant. (DE 5). In permitting the Complaint to be filed without the payment of a fee, the Court is obligated to screen the allegations of the Complaint to determine whether it (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.

(e)(2)(B).

1 Citations to the record will be abbreviated as follows. Citations to page numbers refer to the page numbers assigned through the Electronic Court Filing system, unless otherwise indicated: “DE” = Docket entry number in this case. “Compl.” = Complaint [T]he provisions of § 1915(e) apply to all in forma pauperis complaints, not simply those filed by prisoners. See, e.g., Grayson v. Mayview State Hosp.,

, 114 n. 19 (3d Cir. 2002) (non-prisoner indigent plaintiffs are “clearly within the scope of § 1915(e)(2)”). See also Lopez v. Smith,

, 1129 (9th Cir. 2000)( § 1915(e) applies to all in forma pauperis complaints, not just those filed by prisoners). Atamian v. Burns,

(3d Cir. 2007). See also Johnson v. Rihanna, No. CV 18-448,

, at *1 (W.D. Pa. June 13, 2018), report and recommendation adopted, No. CV 18-448,

(W.D. Pa. July 2, 2018). This Complaint fails to state an intelligible claim because it is devoid of any factual allegations. (See generally Compl.). Therefore, I will dismiss the action without prejudice. Plaintiff may submit an amended complaint, with attachment if more space is required, that states the facts on which his claims are based. ORDER Accordingly, IT IS, this 10th day of March 2021,

ORDERED that the Complaint (DE 1) is DISMISSED without prejudice upon initial screening pursuant to

(e); and it is further

ORDERED that Plaintiff may submit an amended complaint that states the facts on which his claims are based.

The clerk shall close the file. /s/ Kevin McNulty ____________________________________ Kevin McNulty United States District Judge