CHRISTOPHER v. JOHN DOE
CHRISTOPHER v. JOHN DOE
Trial Court Opinion
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
JERELL CHRISTOPHER, Civil Action No. 24-10554 (SDW) (JBC)
Plaintiff,
WHEREAS OPINION v.
JOHN DOE POLICE OFFICERS and February 4, 2025 OFFICER RODRIGUEZ,
Defendants.
THIS MATTER having come before this Court upon pro se Plaintiff Jerell Christopher’s (“Plaintiff”) Amended Complaint (D.E. 6 (“Amended Complaint”), and this Court having reviewed the Amended Complaint for sufficiency pursuant to Federal Rule of Civil Procedure 8(a) and Ashcroft v. Iqbal,
556 U.S. 662(2009); and WHEREAS this Court previously entered an order allowing Plaintiff to proceed in this action in forma pauperis (D.E. 5); and WHEREAS this Court must dismiss a case that is frivolous, “fails to state a claim upon which relief may be granted,” or “seeks monetary relief against a defendant who is immune from such relief.”
28 U.S.C. §§ 1915(a)(1), (e)(2)(B); see Shorter v. United States,
12 F.4th 366, 374(3d Cir. 2021); and WHEREAS the original Complaint in this action (D.E. 1) was dismissed without prejudice for failure to state a claim upon which relief can be granted in an Opinion and Order dated December 17; and WHEREAS Plaintiff filed the Amended Complaint within the 30-day period provided for in this Court’s Order; and WHEREAS pursuant to Federal Rule of Civil Procedure 8(a), “[a] pleading that states a claim for relief must contain: (1) a short and plain statement of the grounds for the court’s jurisdiction . . . ; (2) a short and plain statement of the claim showing that the pleader is entitled to
relief; and (3) a demand for the relief sought.” Fed. R. Civ. P. 8(a). The complaint must apprise the defendant with “fair notice of what the claim is and the grounds upon which it rests,” containing “more than labels and conclusions.” Bell Atl. Corp. v. Twombly,
550 U.S. 544, 555(2007) (quoting Conley v. Gibson,
355 U.S. 41, 47(1957)).; and WHEREAS this Court is satisfied that Plaintiff’s Amended Complaint is not defective on its face; therefore Plaintiff’s Amended Complaint shall be deemed filed and Plaintiff will be permitted to effect service on defendants using the USM-285 form. An appropriate order follows. ___/s/ Susan D. Wigenton_____ SUSAN D. WIGENTON, U.S.D.J.
Orig: Clerk cc: Parties James B. Clark, U.S.M.J.
Reference
- Status
- Unknown