FATA v. BAYONNE NEW JERSEY BOARD OF EDUCATION

District Court, D. New Jersey

FATA v. BAYONNE NEW JERSEY BOARD OF EDUCATION

Trial Court Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Chambers of Martin Luther King Jr. Federal

André M. Espinosa Bldg. & U.S. Courthouse

United States Magistrate Judge 50 Walnut Street, Room 2037 Newark, NJ 07102

(973) 645-3827

February 19, 2025

To: Abrahim Fata, Pro Se 193200 Lehigh County Jail 38 North 4th Street Allentown, Pennsylvania 18102

All counsel of record

LETTER OPINION AND ORDER

RE: Abrahim Fata v. Bayonne New Jersey Board of Education, et al. Civil Action No. 24-9258 (CCC)(AME)

Dear Litigants:

The Court has reviewed the November 13, 2024 letter filed by Plaintiff pro se Abrahim Fata (“Plaintiff”), entitled “Motion to Commence” [D.E. 9]; as well as Plaintiff’s December 17, 2024 letter, entitled “Notice to Produce Documents” [D.E. 10]; Plaintiff’s December 26, 2024 letter, requesting production of documents and the status of various cases he has filed [D.E. 11]; Plaintiff’s December 31, 2024 letter, entitled “Motion to Compel Discovery Response” [D.E. 12]; and Plaintiff’s January 12, 2025 request for summons [D.E. 13].

By way of background, the Court received the Complaint on or about September 17, 2024. [D.E. 1]. The Court received Plaintiff’s application to proceed in forma pauperis on or around October 29, 2024. [D.E. 8]. That motion remains pending.

For various reasons, Plaintiff’s discovery-related requests, request to commence proceedings, and request for summons must be DENIED as premature. At a minimum, the Court must first decide whether to grant Plaintiff’s in forma pauperis application before the case, summons, or any discovery may proceed. Then, even if such request to proceed in forma pauperis is granted pursuant to

28 U.S.C. § 1915

, the Court must still screen the Complaint before the case may move forward. See, e.g., Watson v. Berryhill, No. 18-01019,

2018 WL 4016300

, at *1 (D. Nev. Aug. 21, 2018) (explaining that “[a]fter granting a request to proceed IFP pursuant to § 1915, federal courts must screen a complaint and any amended complaints before allowing a case to move forward, issuing summonses, and requiring a responsive pleading.”).

Accordingly, for these reasons, it is hereby ORDERED that Plaintiff’s various discovery- related requests, request for summons, and request to commence are DENIED without prejudice.

The Clerk of Court is directed to send a copy of this Order to Plaintiff at his address of record.

IT IS SO ORDERED.

/s/ André M. Espinosa ANDRÉ M. ESPINOSA UNITED STATES MAGISTRATE JUDGE

Reference

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