Mehta v. City of Jersey City
Opinion of the Court
OPINION
Pro se appellants, Sudesh Mehta, Sureh-ka Mehta, and Steven Pinkney, appeal from the dismissal of a lawsuit that they filed in the United States District Court for the District of New Jersey. Because the appeal presents no substantial question, we will summarily affirm the District Court’s order. See 3d Cir. LAR 27.4 and I.O.P. 10.6.
In January 2009, the appellants/plaintiffs filed a three-paragraph complaint seeking a stay of foreclosure and claiming
On March 3, 2009, the District Court entered an order dismissing the complaint as “frivolous and malicious” under 28 U.S.C. § 1915(e)(2)(B). The District Court noted that the claims were duplica-tive of those contained in the plaintiffs’ earlier complaints and arose from the same facts underlying the previous causes of action. Additionally, the District Court concluded that the property claims under 42 U.S.C. § 1983 were time-barred, that the allegations regarding the deprivation of due process failed to state a claim, and that the complaint “is so confusing and unintelligible that it violates Fed.R.Civ.P. 8(a) and no party could possibly reply to it.”
We have jurisdiction pursuant to 28 U.S.C. § 1291,
For these reasons, we will summarily affirm the District Court’s order dismissing the complaint. We deny the motion to stay the appeal as moot.
. As the District Court acknowledged in its May 20, 2009 order, its order dismissing the complaint did not comply with Federal Rule of Civil Procedure 58(a). Accordingly, the appellants had 150 days from the entry of the March 3, 2009 order to appeal from the dismissal of the complaint. See United Auto. Workers Local 259 Social Sec. Dep’t v. Metro Auto Center, 501 F.3d 283, 287 (3d Cir. 2007). For this reason, the appellants' June 3, 2009 notice of appeal is timely. See Fed. R.App. P. 4(a)(7)(ii).
Reference
- Full Case Name
- Sudesh MEHTA Surehka Mehta Steven Pinkney v. The CITY OF JERSEY CITY Department of Housing & Economic Development & Commerce Jersey City Redevelopment Agency Urban League of Hudson County
- Cited By
- 3 cases
- Status
- Published