JEROME B. SIMANDLE, Chief District Judge.
Plaintiff Anderson Alexander Sanchez, Jr. seeks to bring a civil rights complaint pursuant to the 42 U.S.C. § 1983 against Director David S. Owens, Warden Karen Taylor and Camden County Correctional Facility ("CCCF"). Complaint, Docket Entry 1. Based on Plaintiff's affidavit of indigency, the Court will grant his application to proceed in forma pauperis.
At this time, the Court must review the complaint, pursuant to 28 U.S.C. § 1915(e)(2) 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 such relief. For the reasons set forth below, the Court will dismiss the complaint with prejudice for failure to state a claim. 28 U.S.C. § 1915(e)(2)(b)(ii).
Plaintiff alleges that he was detained in the CCCF for one year following his arrest on July 26, 2013. Complaint § III. He further alleges that during this time he was detained in overcrowded cells and forced to sleep on the concrete floor. He further alleges that due to these conditions he suffered pain in his back and shoulders as well as loss of circulation. Id.
III. STANDARD OF REVIEW
Section 1915(e)(2) requires a court to review complaints prior to service in cases in which a plaintiff is proceeding in forma pauperis. The Court must sua sponte dismiss any claim that is frivolous, is malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief. This action is subject to sua sponte screening for dismissal under 28 U.S.C. § 1915(e)(2)(B) because Plaintiff is proceeding in forma pauperis.
To survive sua sponte screening for failure to state a claim, the complaint must allege "sufficient factual matter" to show that the claim is facially plausible. Fowler v. UPMS Shadyside, 578 F.3d 203, 210 (3d Cir. 2009) (citation omitted). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Fair Wind Sailing, Inc. v. Dempster, 764 F.3d 303, 308 n.3 (3d Cir. 2014) (quoting Iqbal, 556 U.S. at 678). "[A] pleading that offers `labels or conclusions' or `a formulaic recitation of the elements of a cause of action will not do.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)).
Plaintiff seeks monetary damages for allegedly unconstitutional conditions of confinement in the CCCF that he experienced for the year following his arrest on July 26, 2013. Plaintiff's complaint is barred by the statute of limitations, which is governed by New Jersey's two-year limitations period for personal injury.
"Under federal law, a cause of action accrues when the plaintiff knew or should have known of the injury upon which the action is based." Montanez, 773 F.3d at 480 (internal quotation marks omitted). Plaintiff states he was detained following his arrest on July 26, 2013 and remained in the CCCF for the following year. The allegedly unconstitutional conditions of confinement at CCCF would have been immediately apparent to Plaintiff at the time of his detention; therefore, the statute of limitations for Plaintiff's claims expired July 26, 2016 at the latest. Plaintiff filed this complaint too late as he filed his complaint on October 27, 2016. As there are no grounds for equitable tolling of the statute of limitations,
For the reasons stated above, the complaint is dismissed with prejudice for failure to state a claim. An appropriate order follows.