Opinion

AFZAL v. NEW JERSEY BOARD OF MEDICAL EXAMINER NJBME

Court
District Court, D. New Jersey
Filed
Mar 21, 2022
Cited by
0 cases
Authority
More cited than 25.4%

explaining that to survive a Rule 12(b)(6) motion to dismiss, a plaintiff’s “[f]actual allegations must be enough to raise a right to relief above the speculative level”

How later courts described this case

  • explaining that to survive a Rule 12(b)(6) motion to dismiss, a plaintiff’s “[f]actual allegations must be enough to raise a right to relief above the speculative level”
  • stating that although Rule 8 does not require detailed factual allegations, “it demands more than an unadorned, the-defendant-unlawfully- 2 harmed-me accusation”

Written by the judges who cited it.

The opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

FIAZ AFZAL, M.D. and DR. SHAHIDA

Civil Action No. 22-01283 (SDW)(CLW)

SHUJA,

Plaintiffs,

OPINION

v.

March 21, 2022

NEW JERSEY BOARD OF MEDICAL

EXAMINERS, et al.,

Defendants.

THIS MATTER having come before this Court upon the filing of a Complaint and an

Application to Proceed in District Court Without Prepaying Fees or Costs by pro se Plaintiff Fiaz

Afzal, M.D. and Dr. Shahida Shuja (“Plaintiffs”), and the Court having reviewed the Complaint

for sufficiency pursuant to Fed. R. Civ. P. 8(a)(2) and (3) and Ashcroft v. Iqbal, 556 U.S. 662, 129

S. Ct. 1937, 173 L.Ed.2d 868 (2009); and

WHEREAS applications to proceed in forma pauperis are available to plaintiffs or

petitioners in order to be excused from paying certain fees for district court proceedings, including

those required to commence a civil action; and

WHEREAS Plaintiffs’ application to proceed without prepayment of fees and costs,

indicates: 1) that their only sources of income are $1500.00 per month in public assistance and

$650.00 per month in combined self-employment income; and 2) that their only asset is a twenty-

year-old used vehicle; and

WHEREAS Plaintiff Afzal submitted a similar claim in February of 2018, which this

Court dismissed sua sponte on February 21, 2018 because Plaintiff Afzal “failed to plead what, if

any, action ha[d] been taken by the N[ew] J[ersey] Board of Medical Examiners [(the “Board”)]

against him or any claim for relief against the [Board]”; and

WHEREAS the Court afforded Plaintiff Afzal thirty days leave to file an amended

complaint, yet he made no such filing within that timeframe; and

WHEREAS Plaintiffs’ current Complaint is difficult to comprehend but appears to allege

that Defendants have taken or are going to take some form of adverse licensure and employment

action against Plaintiff Afzal based on his criminal convictions for various counts of Medicaid

fraud. The Complaint also appears to allege that Defendants have committed a racist act and have

persecuted Defendant Afzal for his religion. The complaint does not, however, indicate specific

and cognizable legal bases for the allegations, and instead presents conclusory statements,

incoherent allegations, and indecipherable and incomplete exhibits; and

WHEREAS pro se complaints, although “[held] to less stringent standards than formal

pleadings drafted by lawyers,” Haines v. Kerner, 404 U.S. 519, 520-21 (1972), must still “‘state a

plausible claim for relief.’” Yoder v. Wells Fargo Bank, N.A., 566 F. App’x. 138, 141 (3d Cir.

2014) (quoting Walker v. Schult, 717 F.3d 119, 124 (2d Cir. 2013)); Martin v. U.S. Dep’t of

Homeland Sec., No. 17-3129, 2017 WL 3783702, at *3 (D.N.J. Aug. 30, 2017); and

WHEREAS Plaintiffs’ Complaint fails to provide a clear account of the factual basis for

their claims. Therefore, the facts alleged in Plaintiffs’ Complaint are insufficient to support a claim

entitling Plaintiffs to relief. See Fed. R. Civ. P. 8(a)(2) (providing that an adequate complaint must

contain “a short and plain statement of the claim showing that the pleader is entitled to relief”);

see also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (stating that although Rule 8 does not require

detailed factual allegations, “it demands more than an unadorned, the-defendant-unlawfully-

2

harmed-me accusation”); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (explaining that to

survive a Rule 12(b)(6) motion to dismiss, a plaintiff’s “[f]actual allegations must be enough to

raise a right to relief above the speculative level”); therefore

Plaintiffs’ application to proceed in forma pauperis is GRANTED; and Plaintiffs’

Complaint is sua sponte DISMISSED WITHOUT PREJUDICE for failure to state a claim upon

which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs shall

have thirty (30) days to file an amended Complaint. Failure to timely file an amended complaint

may result in the dismissal of this matter with prejudice. An appropriate order follows.

__/s/ Susan D. Wigenton____

United States District Judge

Orig: Clerk

cc: Parties

Cathy L. Waldor, U.S.M.J.

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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