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ZENAIDA JACKSON Plaintiff, v. CRAIG ROBIN, Defendant.

ORDER

WILLIAM MARTINI, District Judge

This matter having been raised by Plaintiff Zenaida Jackson seeking an application to proceed without the payment of fees under 28 U.S.C. § 1915; and the Court having sua sponte screened the Complaint in the above-captioned action pursuant to 28 U.S.C. § 1915(e)(2)(B) to determine if it fails to state a claim upon which relief may be granted; and it appearing that Plaintiff and Defendant Craig Robin are residents of the State of New Jersey; and therefore, Plaintiff having failed to demonstrate subject matter jurisdiction for her state tort-related claims through diversity of citizenship pursuant to 28 U.S.C. § 1332; and it appearing that during the events described in the Complaint, Defendant was an attorney at the Office of Law Guardian, a unit of the New Jersey Office of the Public Defender, and therefore, Defendant was not acting under color of state law, see Polk County v. Dodson, 454 U.S. 312, 318-19 (1981); and Plaintiff having failed to expressly allege any violation of federal law in the Complaint or provide any other grounds for this Court's subject matter jurisdiction; and for good cause shown;

IT IS on this 19th day of December, 2008, hereby,

ORDERED that Plaintiff's application to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915(a); and it is

FURTHER ORDERED that the Clerk of the Court shall file the Complaint without the prepayment of fees and security; and it is

FURTHER ORDERED that the Complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief can be granted; and it is

FURTHER ORDERED that this case is CLOSED.

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JACKSON v. ROBIN
(Dec 22, 2008)