Opinion
1:18-cv-13011-NLH-AMD
09-17-2018
APPEARANCES: ASMAR SIDDIQ MUMIN ABDULLAH 450 STUYVESANT AVE. TRENTON, NJ 08618 Appearing pro se
MEMORANDUM OPINION & ORDER
APPEARANCES:
ASMAR SIDDIQ MUMIN ABDULLAH
450 STUYVESANT AVE.
TRENTON, NJ 08618
Appearing pro se HILLMAN, District Judge
WHEREAS, on August 20, 2018, Plaintiff, Asmar Siddiq Mumin Abdullah, appearing pro se, filed a complaint against Defendants Oaks Integrated Care, Janice Steinbeck, and Judith Brenner; and
WHEREAS, Plaintiff also filed an application to proceed without prepayment of fees ("in forma pauperis" or "IFP" application) pursuant to 28 U.S.C. § 1915(a)(1); and
WHEREAS, the screening provisions of the IFP statute require a federal court to dismiss an action sua sponte if, among other things, the action is frivolous or malicious, or if it fails to comply with the proper pleading standards, see 28 U.S.C. § 1915(e)(2)(B)(i)-(iii); Ball v. Famiglio, 726 F.3d 448, 452 (3d Cir. 2013); and
WHEREAS, on August 22, 2018, the Court screened Plaintiff's complaint and granted his IFP application, but found that Plaintiff's complaint was deficient because: (1) Plaintiff failed to properly state this Court's subject matter jurisdiction over his action; and (2) Plaintiff failed to state a specific legal basis for his claims, which is necessary to establish subject matter jurisdiction; (Docket No. 2); and
WHEREAS, the Court provided Plaintiff with twenty (20) days to amend his complaint to properly cure the deficiencies, but ordered that if Plaintiff failed to do so, the case would be dismissed for lack of subject matter jurisdiction, see Fed. R. Civ. P. 12(h)(3); and
WHEREAS, Plaintiff has not filed an amended complaint, which was due on September 11, 2018;
When Plaintiff filed his complaint, he completed a "Consent & Registration Form to Receive Documents Electronically." (Docket No. 1-2.) The Court's August 22, 2018 Order was electronically mailed to Plaintiff on that date. --------
THEREFORE,
IT IS on this 17th day of September, 2018
ORDERED that Plaintiff's complaint be, and the same hereby is, DISMISSED for lack of subject matter jurisdiction. The Clerk of the Court is directed to mark this matter as CLOSED.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey