Opinion
08-CV-5491 (WJM).
December 22, 2008
ORDER
This matter having been raised by Plaintiff Zenaida Jackson seeking an application to proceed without the payment of fees under 28 U.S.C. § 1915; and the Court having sua sponte screened the Complaint in the above-captioned action pursuant to 28 U.S.C. § 1915(e)(2)(B) to determine if it fails to state a claim upon which relief may be granted; and it appearing that Plaintiff and Defendant Susan Slaff are residents of the State of New Jersey; and therefore, Plaintiff having failed to demonstrate subject matter jurisdiction for her state tort-related claims through diversity of citizenship pursuant to 28 U.S.C. § 1332; and it appearing that Defendant is a Deputy Attorney General for the Division of Youth and Family Services — North Section whose involvement in this case is limited to the prosecution of Plaintiff in a dependency proceeding; and Defendant therefore being immune from suit, see Miller v. City of Philadelphia, 174 F.3d 368, 376 n. 6 (3d Cir. 1999) (case workers are immune from suit for their actions on "behalf of the state in preparing for, initiating, and prosecuting dependency hearings"); and Plaintiff having failed to expressly allege any violation of federal law in the Complaint or provide any other grounds for this Court's subject matter jurisdiction; and for good cause shown;
IT IS on this 19th day of December, 2008, hereby,
ORDERED that Plaintiff's application to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915(a); and it is
FURTHER ORDERED that the Clerk of the Court shall file the Complaint without the prepayment of fees and security; and it is FURTHER ORDERED that the Complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted; and it is
FURTHER ORDERED that this case is CLOSED.