Opinion
Civil Action 23-01898 (GC) (RLS)
06-12-2023
KING CLIFFORD JEFFERSON, Plaintiff, v. CITY OF NEW BRUNSWICK, and N.J. STATE DEPARTMENT OF HEALTH-VITAL STATISTIC REGISTRY, Defendants.
NOT FOR PUBLICATION
MEMORANDUM & ORDER
Georgette Castner, United States District Judge
Plaintiff King Clifford Jefferson (“Jefferson”) proceeds pro se against the City of New Brunswick and the N.J. State Department of Health-Vital Statistic Registry. (See ECF No. 1.) Jefferson has also filed an April 3, 2023 application to proceed in forma pauperis. (See ECF No. 1-2.)
The in forma pauperis application will be denied without prejudice because the application is incomplete. For example, on the second page, nothing is listed on the line next to the question “How much cash do you and your spouse have?” (Id. at 2.) Moreover, on the fifth page, Plaintiffs answers to the questions asking him to explain why he cannot pay the costs of the proceedingsand to identify the city and state of his legal residence are non-responsive. (See, e.g., id. at 5 (“12. Identify the city and state of your legal residence. [Answer:] There is no city or state. . . As stated in the instructions to the form, Plaintiff is required to “[c]omplete all questions in this application” to allow the Court to adequately review the merits of his application. (Id. at 1.)
An explanation is particularly important here where Plaintiff claims to have no expenses whatsoever, including no food expenses and no home or rent expenses. (ECF No. 1-2 at 4.) Unless some explanation is provided, the Court could not determine whether the representation that Plaintiff has no expenses is accurate.
In addition, Plaintiffs Complaint will be dismissed without prejudice because it violates Federal Rule of Civil Procedure (“Rule 8”). Rule 8(a)(2) requires a pleading to contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). The allegations in the complaint must not be “so undeveloped that [they do] not provide a defendant the type of notice of claim which is contemplated by Rule 8.” Phillips v. Cnty. of Allegheny, 515 F.3d 224, 232 (3d Cir. 2008). Although pro se complaints are to be construed liberally, even pro se plaintiffs must “comply with the basic pleading requirements of Rule 8(a).” Purisima v. City of Philadelphia, 738 Fed.Appx. 106,107 (3d Cir. 2018); see also Tillio v. Northland Grp. Inc., 456 Fed.Appx. 78, 79 (3d Cir. 2012).
Here, Jefferson's Complaint does not provide adequate notice of the claims against the Defendants and does not permit this Court to conduct a proper review of his case pursuant to 28 U.S.C. § 1915(e)(2)(b). The Complaint is a rambling and unclear 21-page document without numbered paragraphs that declares that it is “From His Majesty King Clifford Jefferson” and provides little insight into either the factual or legal nature of Plaintiffs claims against the Defendants or any basis for federal jurisdiction. (ECF No. 1 at 1-21.) Such a document does not comply with Rule 8's requirements and will be dismissed accordingly.
Rule 8(a)(1) requires “a short and plain statement of the grounds for the court's jurisdiction.” Fed.R.Civ.P. 8(a)(1).
Because the application to proceed in forma pauperis is incomplete and the Complaint is being dismissed, this Court will also administratively terminate this case for docket management purposes. Jefferson may seek to reopen this action by either paying the $402.00 filing fee or submit a complete application to proceed in forma pauperis as well as an amended complaint that complies with Rule 8 within the time specified in this Memorandum & Order.
IT IS on this 12th day of June, 2023, ORDERED as follows:
1. Plaintiffs application to proceed in forma pauperis (ECF No. 1-2) is DENIED without prejudice. 2. Plaintiffs Complaint (ECF No. 1) is DISMISSED without prejudice. 3. Because the Complaint is dismissed, the Clerk's Office is directed to TERMINATE the “Motion Heard Ex Parte” pending at ECF No. 3. 4. The Clerk's Office is also directed to administratively CLOSE this case. 5. Jefferson may have the case reopened, if, within thirty (30) days of the date of the entry of this Memorandum & Order, he either pre-pays the $402 filing fee ($350 filing fee plus $52 administrative fee) or submits to the Clerk a proper complete in forma pauperis application as well as an amended complaint that complies with Rule 8. 6. Upon receipt of an amended complaint and a proper complete in forma pauperis application or filing fee within the time allotted by this Court, the Clerk will be directed to reopen this case. 7. The Clerk shall serve on Plaintiff by regular U.S. mail: (1) this Memorandum & Order; and (2) a blank form application to proceed in forma pauperis.