UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

PAUL REIMANN, Plaintiff, Civil Action No. 22-5651 (RK) (DEA) Vv. MEMORANDUM ORDER GREG CASTELLANI, and ROBERT ASARO-ANGELO, Defendants.

THIS MATTER comes before the Court upon Plaintiff Paul Reimann’s (“Plaintiff”) application to proceed in forma pauperis, together with Plaintiffs Complaint against Defendants Greg Castellani, the Director of New Jersey Unemployment Insurance, and Robert Asaro-Angelo, the Commissioner of the New Jersey Department of Labor and Workforce Development, (collectively, “Defendants”). (ECF Nos. 1, 1-1). 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. The Court construes the Complaint, (ECF No. 1), as alleging claims under 42

‘Under

, a plaintiff may proceed in forma pauperis, which allows the plaintiff to bring a civil suit without paying a filing fee. When considering IFP applications, the Court undergoes a two-step process: “First, the Court determines whether the plaintiff is eligible to proceed under

(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

(e).” Archie v. Mercer Cnty. Courthouse, No. 23-3553,

, at *2 (D.N.J. Aug. 14, 2023) (citing Roman v. Jeffes,

, 194 n.1 (3d Cir, 1990)); West v. Cap. Police, No. 23-1006,

, 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 sua sponte if, among other things, the action is frivolous or malicious, or if it fails to comply with the proper pleading standards.”).

U.S.C. § 1983 violation and the American with Disabilities Act. Based on this Court’s preliminary review, the Complaint may proceed.” IT IS on this 12" of September, 2023, ORDERED that: 1. Plaintiffs DFP Application, (ECF No. 1-1), is GRANTED; 2. The Clerk shall file the Complaint, (ECF No. 1); 3. The Clerk of the Court shall provide Plaintiff with a copy of the USM-285 form for each named Defendant; 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 Plaintiff's 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

(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

(e)(1) 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;

* “The Court’s preliminary review under

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,

, at *1 (D.N.J. Dec. 8, 2022) (citing Richardson v. Cascade Skating Rink, No. 19-08935,

, at *2 (D.N.J. Dec. 16, 2020) (“[T]his 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)).

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 Plaintif by regular U.S. mail.

Roper Kinscn - so UNITED STATES DISTRICT JUDGE