Smart v. Oasin

Full title: SALAHUDDIN F. SMART, Plaintiff, v. ALEXANDRA B. OASIN, et al., Defendants.

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Oct 29, 2015

Civ. No. 13-4339 (RBK) (KMW) (D.N.J. Oct. 29, 2015)

Opinion

Civ. No. 13-4339 (RBK) (KMW)

10-29-2015

SALAHUDDIN F. SMART, Plaintiff, v. ALEXANDRA B. OASIN, et al., Defendants.

ROBERT B. KUGLER United States District Judge

MEMORANDUM AND ORDER

Plaintiff is proceeding pro se with a civil rights complaint filed pursuant to 42 U.S.C. § 1983. Previously, this matter was administratively terminated as plaintiff had not paid the filing fee nor had he submitted a complete application to proceed in forma pauperis. However, plaintiff has now submitted another application to proceed in forma pauperis such that the Clerk will be ordered to reopen this case. Plaintiff's application to proceed in forma pauperis will be granted and the Clerk will be ordered to file the complaint.

At this time, the Court would typically screen the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) 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 is immune from suit. However, plaintiff has indicated that he wishes to amend his complaint. Therefore, the Court will give plaintiff a short period of time in which to file a proposed, all-inclusive amended complaint. Should plaintiff not submit a proposed all-inclusive amended complaint, then this Court will screen plaintiff's original complaint.

Accordingly, IT IS this 29th day of October, 2015,

ORDERED that the Clerk shall reopen this case; and it is further

ORDERED that plaintiff's application to proceed in forma pauperis is granted; and it is further

ORDERED that the Clerk shall file the complaint, but no summons shall issue at this time prior to this Court's screening of the complaint; and it is further

ORDERED that plaintiff shall have thirty (30) days from the date of this Order in which to file a proposed all-inclusive amended complaint that is subject to this Court's screening; and it is further

ORDERED that if plaintiff fails to file a proposed all-inclusive amended complaint within thirty (30) days, this Court will screen plaintiff's original complaint in due course.

s/Robert B. Kugler

ROBERT B. KUGLER

United States District Judge