-MAS TROWELL v. SOUTH et al, No. 2:2010cv02599 - Document 9 (D.N.J. 2010)
Court Description: OPINION. Signed by Judge Dickinson R. Debevoise on 10/12/2010. (ld, )
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-MAS TROWELL v. SOUTH et al Doc. 9 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY SALAHDIN TROWELL, Plaintiff, v. JAMES DEAN SOUTH, et al., Defendants. : : : : : : : : : Civil Action No. 10-2599 (DRD) OPINION APPEARANCES: Plaintiff pro se Salahdin Trowell 223106 Hudson County Correctional Center 35 Hackensack Ave. Kearny, NJ 07032 DEBEVOISE, District Judge Plaintiff Salahdin Trowell, a pre-trial detainee confined at Hudson County Correctional Center in Kearny, New Jersey, seeks to bring this action in forma pauperis, alleging violations of his constitutional rights. Based on his affidavit of indigence, the Court will grant Plaintiff s application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) and order the Clerk of the Court to file the Complaint. At this time, the Court must review the Complaint to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who Dockets.Justia.com is immune from such relief. I. BACKGROUND The following factual allegations are taken from Plaintiff s Complaint and are accepted as true for purposes of this review. Plaintiff alleges violations of the fifth Amendment Double Jeopardy clause fourteenth Amendment Due process clause, Equal protection of the Law clause and the Ninth Amendment certain rights not listed in the Constitution. He claims that he was charged on three separate occasions for firearm possession. The first two sets of charges were allegedly dismissed without prejudice. He now challenges the third instance, charges in Hudson County, stating that since all of the charges involve possession of the same weapon, the charges are not proper. Plaintiff seeks injunctive relief and awards of damages. the extent that the complaint seeks money damages, the Court To shall dismiss those claims pending final resolution of the related state court proceeding, upon which time Plaintiff may move to reopen. II. STANDARDS FOR A SUA SPONTE DISMISSAL To the extent that this matter is construed as a civil complaint, this Court must dismiss, at the earliest practicable time, certain in forma pauperis and prisoner actions that are frivolous, malicious, fail to state a claim, or seek monetary relief from a defendant who is immune from such relief. 2 See 28 U.S.C. § 1915(e)(2) (in forma pauperis actions); 28 U.S.C. § 1915A (actions in which prisoner seeks redress from a governmental defendant); 42 U.S.C. § 1997e (prisoner actions brought with respect to prison conditions). In determining the sufficiency of a pro se complaint, the Court must be mindful to construe it liberally in favor of the plaintiff. Haines v. Kerner, 404 U.S. 519, 520-21 (1972); United States v. Day, 969 F.2d 39, 42 (3d Cir. 1992). The Court must accept as true all of the allegations in the complaint and all reasonable inferences that can be drawn therefrom, and view them in the light most favorable to the plaintiff. Morse v. Lower Merion School Dist., 132 F.3d 902, 906 (3d Cir. 1997). A complaint is frivolous if it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989) (interpreting the predecessor of § 1915(e)(2), the former § 1915(d)). The standard for evaluating whether a complaint is frivolous is an objective one. Deutsch v. United States, 67 F.3d 1080, 1086-87 (3d Cir. 1995). Where a complaint can be remedied by an amendment, a district court may not dismiss the complaint with prejudice, but must permit the amendment. Denton v. Hernandez, 504 U.S. 25, 34 (1992); Grayson v. Mayview State Hospital, 293 F.3d 103, 108 (3d Cir. 2002) (dismissal pursuant to 28 U.S.C. § 1915(e)(2)); Shane v. Fauver, 213 F.3d 113, 116-17 (3d Cir. 2000) (dismissal 3 pursuant to 42 U.S.C. § 1997e(c)(1)); Urrutia v. Harrisburg County Police Dept., 91 F.3d 451, 453 (3d Cir. 1996). To the extent that this matter is construed as an application under habeas corpus, United States Code Title 28, Section 2243 provides in relevant part as follows: A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto. A pro se pleading is held to less stringent standards than more formal pleadings drafted by lawyers. Estelle v. Gamble, 429 U.S. 97, 106 (1976); Haines v. Kerner, 404 U.S. 519, 520 (1972). A pro se habeas petition and any supporting submissions must be construed liberally and with a measure of tolerance. See Royce v. Hahn, 151 F.3d 116, 118 (3d Cir. 1998); Lewis v. Attorney General, 878 F.2d 714, 721-22 (3d Cir. 1989); United States v. Brierley, 414 F.2d 552, 555 (3d Cir. 1969), cert. denied, 399 U.S. 912 (1970). Nevertheless, a federal district court can dismiss a habeas corpus petition if it appears from the face of the petition that the petitioner is not entitled to relief. See Lonchar v. Thomas, 517 U.S. 314, 320 (1996); Siers v. Ryan, 773 F.2d 37, 45 (3d Cir. 1985), cert. denied, 490 U.S. 1025 (1989). See also 28 U.S.C. §§ 2243, 2254, 2255. 4 III. ANALYSIS A plaintiff may have a cause of action under 42 U.S.C. § 1983 for certain violations of his constitutional rights. Section 1983 provides in relevant part: Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress ... . Thus, to state a claim for relief under § 1983, a plaintiff must allege, first, the violation of a right secured by the Constitution or laws of the United States and, second, that the alleged deprivation was committed or caused by a person acting under color of state law. West v. Atkins, 487 U.S. 42, 48 (1988); Piecknick v. Pennsylvania, 36 F.3d 1250, 1255-56 (3d Cir. 1994). However, it is not generally the role of the federal courts to interfere in pending state judicial proceedings. A federal court must abstain from addressing requests for injunctive relief against state court proceedings so long as the constitutional issues involved may be addressed adequately in the course of the state proceedings. Younger v. Harris, 401 U.S. 37 (1971) (addressing abstention from state criminal proceedings); Middlesex Co. Ethics Committee v. Garden State Bar Ass n, 457 5 U.S. 423, 432 (1982) ( The policies underlying Younger are fully applicable to noncriminal judicial proceedings when important state issues are involved. ). The United States Court of Appeals for the Third Circuit has enunciated three requirements that must be met before Younger abstention may be invoked: (1) there are ongoing state proceedings that are judicial in nature; (2) the state proceedings implicate important state interests; and (3) the state proceedings afford an adequate opportunity to raise federal claims. Whenever all three of these requirements are satisfied, abstention is appropriate absent a showing of bad faith prosecution, harassment, or a patently unconstitutional rule that will cause irreparable injury to the plaintiff. Port Auth. Police Benevolent Ass n Inc. v. Port Auth. Of New York and New Jersey Police Dept., 973 F.2d 169, 173 (3d Cir. 1992) (citing Schall v. Joyce, 885 F.2d 101, 106 (3d Cir. 1989)). Here, to the extent Plaintiff seeks injunctive relief, Plaintiff has failed to allege any facts suggesting that his constitutional claims cannot be addressed adequately in state court. This Court will dismiss the claim for injunctive relief. The state court in which his criminal proceedings are pending is the appropriate forum in which Plaintiff should pursue his challenges to that ongoing proceeding. This Court expresses no opinion as to the merits of the claims as they apply to the state court matter. 6 IV. CONCLUSION For the reasons set forth above, the Complaint must be dismissed without prejudice for failure to state a claim. It does not appear that Plaintiff can cure any of the deficiencies noted herein by amendment at this time. An appropriate order follows. s/Dickinson R. Debevoise Dickinson R. Debevoise United States District Judge Dated: October 12, 2010 7
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