KEEFE v. NJ DEPT OF CORRECTIONS
3:18-cv-07597
D.N.J.Jun 14, 2018Background
- Pro se plaintiff Ronald D. Keefe submitted a civil complaint (filed Apr 13, 2018) but initially did not include a filing fee or in forma pauperis (IFP) application; administrative error delayed notice that the complaint was not filed.
- On June 12, 2018 Keefe filed an IFP application showing $893 in a checking account, a 2000 Nissan Maxima, and $1,415/month in SSD benefits with roughly $1,200/month in expenses.
- The complaint largely repeats allegations and documentary submissions from prior suits (Civ. Nos. 91-4734, 15-8584, 17-1334) and recounts events dating back to the 1980s, including divorce/custody losses and alleged misconduct by public officials.
- Keefe alleges selective prosecution, false incarceration, verbal abuse, and denial of opportunity to defend in state domestic-violence proceedings, but provides few dates and unclear factual detail.
- Many named individuals in the narrative are not listed as defendants in the current pleading; the Court could not discern a coherent, pleaded cause of action.
- The Court granted IFP status but dismissed the complaint without prejudice for failure to state a claim, and gave Keefe 30 days leave to file an amended complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility to proceed IFP under 28 U.S.C. §1915(a) | Keefe submitted an affidavit of indigence showing minimal assets and monthly income roughly equal to expenses. | No opposing argument in the record. | Court found Keefe sufficiently indigent and granted IFP. |
| Sufficiency of complaint / failure to state a claim under 28 U.S.C. §1915(e)(2)(B) (Rule 12(b)(6) standard) | Keefe alleges civil-rights violations (selective prosecution, false incarceration, denial of defense) across many events but provides imprecise dates and an incoherent narrative. | No defendants filed responses; Court evaluated sufficiency sua sponte under §1915(e)(2)(B). | Complaint dismissed without prejudice for failure to state a claim; plaintiff allowed 30 days to amend. |
| Claim preclusion / repetitive filing of previously asserted claims | Keefe reasserted substantially the same allegations and documents from prior cases. | Court noted prior similar filings and that leave to amend had been given previously without success. | Court dismissed because claims could not be distilled; leave to amend again for a limited period. |
Key Cases Cited
- Roman v. Jeffes, 904 F.2d 192 (3d Cir. 1990) (two-step inquiry for IFP: financial eligibility and merits review under §1915).
- Haines v. Kerner, 404 U.S. 519 (1972) (pro se pleadings are construed liberally).
- Schreane v. Seana, [citation="506 F. App'x 120"] (3d Cir. 2012) (review under §1915(e)(2)(B) applies the Rule 12(b)(6) standard).
