Summary
The United States District Court for the District of New Jersey grants Jhon Caldas’s application to proceed in forma pauperis. The court sua sponte dismisses the complaint without prejudice under 28 U.S.C. § 1915(e)(2)(B) because the sole defendant, identified only as John Doe, was not sufficiently identified, and grants thirty days to file an amended complaint.
Holdings
- Plaintiff qualified to proceed in forma pauperis because his reported income and expenses demonstrated an inability to pay the filing fee.
- The complaint failed to state a claim because it did not identify the defendant sufficiently for the court to reasonably infer that the defendant was liable for the alleged misconduct.
Questions Presented
- Whether plaintiff demonstrated that he was unable to pay the filing fee and therefore qualified to proceed in forma pauperis.
- Whether the complaint stated a claim when the sole defendant was identified only as an unidentified law enforcement officer.
Disposition
dismissed
Cases Cited (3)
- Schreane v. Seana, 506 F. App’x 120, 122 (3d Cir. 2012)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556 (2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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