Myron N. Crisdon v. BRTT.B

District Court, D. New Jersey·Decided August 6, 2026·No. 1:25-cv-18226·Unknown

Opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE i HONORABLE KAREN M. WILLIAMS MYRON N, CRISDON, Civil Action Plaintiff, 7 No. 25-18226 (KMW-MIS) Vv. : ! BRTT.B oe AND ORDER Defendants. !

THIS MATTER comes before the Court by way of Plaintiff Myron N. Crisdon’s (“Plaintiff’} Application to Proceed in District Court Without Prepaying Fees or Costs (“IFP Application”) (Dkt. No. 6-2) pursuant to 28 U.S.C, § 1915(a)(1) and Plaintiff’s Motion for a Temporary Restraining Order (“TRO”) (Dkt. No. 7); and THE COURT NOTING that, having reviewed Plaintiff's IFP Application, Plaintiff declares that he does not have a monthly income or expenses. (IFP Application 4 1, 8.) Plaintiff does not have other liquid assets, nor does he list a spouse to contribute income or share in expenses (id. Jf 1-8); and THE COURT FINDING that because Plaintiff declares that he has no income, the Court grants the IFP application. The Court is now required to screen the Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B),! and dismiss any claim that is frivolous, malicious, fails to state a claim for relief, or otherwise seeks relief from an immune defendant. For the reasons set forth below,

legal standard for dismissing a complaint for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2}03) □□□□ is the same as that for dismissing a complaint pursuant to Federal Rule of Civil Procedure 12(b)(6)." Sehreane v. Seana, 506 F, App’x 120, 122 Gd Cir. 2012).

Plaintiff's Complaint is DISMISSED with prejudice and Plaintiff's Motion for a TRO 1s DENIED.

I. BACKGROUND In his Amended Complaint, Plaintiff alleges that he is the defendant in a pending criminal proceeding before the Camden Municipal Court arising from Municipal Complaint No. 0408-S- 2024-004687. (Dkt. No. 6.) Plaintiff names the Camden Municipal Court and a municipal court judge as respondents and seeks a writ of mandamus compelling dismissal of the municipal prosecution. (d. at 1.) Plaintiff alleges that he filed a motion to dismiss in the municipal court on October 17, 2025, that court personnel initially refused to accept the filing before later accepting it, and that the presiding municipal court judge proceeded with a hearing without first reviewing or deciding the motion. (/d. at 1-2.) Plaintiff further alleges that the municipal court has failed to provide adequate resources to pro se litigants, thereby denying him meaningful access fo the courts and violating his federal constitutional rights. (7d, at 2.) As relief, Plaintiff asks this Court to issue a writ of mandamus directing the municipal court to dismiss the underlying municipal prosecution with prejudice, vacate all proceedings occurring after the filing of his motion to dismiss, investigate the Camden Municipal Court Clerk’s Office, stay all further municipal court proceedings, and award compensatory, treble, and punitive damages together with any additional relief the Court deems appropriate. (Ud. at 3.) After commencing this action, Plaintiff filed the pending TRO Motion. (Dkt. No. 7.) □

Therein, Plaintiff represents that he appeared before the Camden Municipal Court on January 16, 2026, informed the municipal court that this federal action was pending, objected to further proceedings, and requested that the municipal court stay the case. Gd. at 1-2.) According to Plaintiff, the municipal court denied that request, scheduled the matter for trial, and advised

Plaintiff that he could face incarceration and monetary penalties if convicted. (/d. at 2.) Plaintiff now asks this Court to immediately enjoin the municipal proceedings pending resolution of this action, (Id, at 3-4.) The matter is therefore before the Court for screening pursuant to 28 U.S.C, § 1915(e)(2)(B) and for disposition of Plaintiff's request for emergency injunctive relief. I. LEGAL STANDARD a. Screening Under 28 U.S.C, § 1915(e)(2)(B). Under 28 U.S.C, § 1915(a), a district court may authorize a litigant to proceed without prepayment of fees upon a showing of financial inability to pay. However, granting in forma pauperis status does not relieve the Court of its obligation to screen the complaint. Rather, the Court must dismiss an action filed in forma pauperis at any time if it determines that the action “) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (ili) seeks monetary relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B). The legal standard governing dismissal under § 1915(e)(2)(B)Gi) is the same as the standard applicable to a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). Tourscher v. McCullough, 184 F.3d 236, 240 (3d.Cir. 1999). Accordingly, to survive screening, a complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.” Ashcroft v. Igbal, 556 U.S. 662, 678 (2009) (quoting Bell At. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). Although the Court accepts well-pleaded factual allegations as true and draws all reasonable inferences in the plaintiff's favor, it need not accept legal conclusions couched as factual allegations. Igbal, 556 U.S. at 678-79, Because Plaintiff proceeds pro se, the Court construes his pleadings liberally and holds them “to less stringent standards than formal pleadings drafted by lawyers.” Erickson v. Pardus,

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Myron N. Crisdon v. BRTT.B, (D.N.J. 2026).

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