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Christian v. State

United States District Court, M.D. Pennsylvania

August 19, 2014

JULIO CHRISTIAN, Plaintiff,
v.
STATE OF PENNSYLVANIA, et al., [1] Defendants.

MEMORANDUM

WILLIAM J. NEALON, District Judge.

On August 11, 2014, Plaintiff, Julio Christian, an inmate currently incarcerated at the Rockview State Correctional Institution in Bellefonte, Pennsylvania, filed this pro se civil rights action pursuant to 42 U.S.C. § 1983. (Doc. 1). At the same time he filed the complaint, Plaintiff also filed a motion for leave to proceed in forma pauperis. (Doc. 2). This Court has conducted an initial screening of the complaint, and for the reasons set forth below, the motion to proceed in forma pauperis will be granted for the sole purpose of filing the instant action, the complaint will be dismissed without prejudice, and Plaintiff will be directed to file a properly supported amended complaint.

Standard of Review

The Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321 (April 26, 1996), authorizes a district court to dismiss an action brought by a prisoner under 28 U.S.C. § 1915[2] if the complaint is frivolous, malicious, or fails to state a claim upon which relief may be granted. "The legal standard for dismissing a complaint for failure to state a claim under § 1915(e)(2)(B)(ii) is the same as that for dismissing a complaint pursuant to a motion filed under Rule 12(b)(6) of the Federal Rules of Civil Procedure." Credico v. Guthrie, 2014 U.S. App. LEXIS 11960, *3 (3d Cir. 2014). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 (2007)). The court "must accept the truth of all factual allegations in the complaint and must draw all reasonable inferences in favor of the non-movant." Revell v. Port Auth. , 598 F.3d 128, 134 (3d Cir. 2010).

"Additionally, a civil rights complaint must comply with Federal Rule of Civil Procedure 8(a)." Atwater v. Shaffer, 2014 U.S. Dist. LEXIS 87463, *3 (M.D. Pa. 2014) (Jones, J.). Federal Rule of Civil Procedure 8(a)(2) dictates that to state a claim, a pleading must contain a "short and plain statement of the claim showing that the pleader is entitled to relief." FED. R. CIV. P. 8(a)(2). This standard "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly , 550 U.S. at 570. "Factual allegations must be enough to raise a right to relief above the speculative level." Id . "The Third Circuit has held that a civil rights complaint is adequate where it states the conduct, time, place, and persons responsible." Evancho v. Fisher , 423 F.3d 347, 353 (3d Cir. 2005). Further, pro se complaints are to be liberally construed. Haines v. Kerner , 404 U.S. 519, 520 (1972).

Complaint

The caption of the complaint reads "Julio Christian v. State." (Doc. 1). The complaint states, in its entirety,

42 USCA § 1983
1. That State impaired its contract and that impairment was substantial.
2. He is entitled to relief.
3. Mental and emotional distress for injury suffered.
Relief Sought
Relief from judgment [sic] of conviction, expungement of record, and ...

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