# Toussaint v. Mays-Stovall

> District Court, D. New Jersey · April 26, 2022

URL: https://www.frixlaw.com/law-library/cases/10272940

## Case

- **Court:** District Court, D. New Jersey
- **Decided:** April 26, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

Not For Publication

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

FRITZ GERALD TOUSSAINT,

Plaintiff, Civil Action No. 22-2233

v.
OPINION & ORDER
LATISSE MAYS-STOVALL, et al.,
Defendants.

John Michael Vazquez, U.S.D.J.
Plaintiff Fritz Gerald Toussaint seeks to bring this matter in forma pauperis pursuant to 28
U.S.C. § 1915. D.E. 1. For the reasons discussed below, the Court GRANTS his application to
proceed in forma pauperis but DISMISSES the matter pursuant to 28 U.S.C. § 1915(e)(2)(B).
Under Section 1915, this Court may excuse a litigant from prepayment of fees when the
litigant “establish[es] that he is unable to pay the costs of his suit.” Walker v. People Express
Airlines, Inc., 886 F.2d 598, 601 (3d Cir. 1989). Plaintiff sufficiently establishes his inability to
pay, D.E. 1, and the Court grants his application to proceed in forma pauperis without prepayment
of fees and costs.
When allowing a plaintiff to proceed in forma pauperis, the Court must review the
complaint and dismiss the action if it determines that the action is frivolous, malicious, fails to
state a claim upon which relief may be granted, or seeks monetary relief against a defendant who
is immune. 28 U.S.C. § 1915(e)(2)(B). Because Plaintiff is proceeding pro se, the Court construes
the Complaint liberally and holds it to a less stringent standard than papers filed by attorneys.
Haines v. Kerner, 404 U.S. 519, 520 (1972). The Court, however, need not “credit a pro se
plaintiff's ‘bald assertions’ or ‘legal conclusions.’” Grohs v. Yatauro, 984 F. Supp. 2d 273, 282
(D.N.J. 2013) (quoting Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 (3d Cir. 1997)).
In this matter, Plaintiff asserts claims against Latisse Mays-Stovall, M.D.; Clara Mass
Hospital; Jersey City Medical Center; and the Kearny Police Department. Compl. at 2, D.E. 2.
The Complaint states that Defendants deprived Plaintiff of his civil rights and of equal protection

on three dates in 2021. Id. at 3, 4. Plaintiff later states that he is entitled to monetary damages
because of the negligent action that resulted in Plaintiff being removed from his property against
his will. Id. at 5. Plaintiff seeks a protective order that restrains the Kearny Police and Defendant
Mays-Stovall from preventing Plaintiff from returning. Id. at 5. With this limited information,
the Court is unable to ascertain what claims Plaintiff is attempting to assert. Therefore, the Court
concludes that Plaintiff fails to properly state any claims.
When dismissing a case brought by a pro se plaintiff, a court must decide whether the
dismissal will be with prejudice or without prejudice, the latter of which affords a plaintiff with
leave to amend. Grayson v. Mayview State Hosp., 293 F.3d 103, 110-11 (3d Cir. 2002). The

district court may deny leave to amend only if (a) the moving party's delay in seeking amendment
is undue, motivated by bad faith, or prejudicial to the non-moving party or (b) the amendment
would be futile. Adams v. Gould, Inc., 739 F.2d 858, 864 (3d Cir. 1984). Because Plaintiff is
proceeding pro se and this is the Court’s initial screening, the Court will provide Plaintiff with an
opportunity to file an amended complaint. Plaintiff is afforded thirty (30) days to file an amended
complaint that cures the deficiencies set forth herein. If Plaintiff files an amended pleading, he
must clearly explain the alleged wrongful conduct and the legal basis for any claims. If Plaintiff
does not submit an amended complaint curing these deficiencies within thirty (30) days, Plaintiff’s
claims will be dismissed with prejudice.
Accordingly, and for good cause shown,
IT IS on this 26th day of April, 2022,
ORDERED that pursuant to 28 U.S.C. § 1915(a), Plaintiff's application to proceed in
forma pauperis is GRANTED; and it is further
ORDERED that the Clerk of the Court is directed to file the Complaint without
prepayment of the filing fee; and it is further
ORDERED that Plaintiff's Complaint is DISMISSED without prejudice pursuant to 28
U.S.C. § 1915(e)(2)(B); and it is further
ORDERED that Plaintiff is afforded thirty (30) days to file an amended complaint that
cures the deficiencies as set forth above. Failure to file an amended complaint within this time
will result in the matter being dismissed with prejudice; and it is further
ORDERED that the Clerk of the Court shall mail a copy of this Opinion and Order to
Plaintiff by regular mail.

Qe WON A KC
Johtr Michael Vazquez, U. Sp!”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10272940. Public record. Not legal advice.