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    Verone Jenkins Jr. v. State of NJ, 3rd Cir. (2011)

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    The document is a court opinion from the United States Court of Appeals for the Third Circuit regarding a case brought by Verone Jenkins Jr. against the State of New Jersey. The District Court had granted the State of New Jersey's motion to dismiss the complaint based on sovereign immunity. The Third Circuit affirmed the District Court's decision, finding that sovereign immunity applied to bar the claims against the state. The Third Circuit also determined that allowing Jenkins to amend his complaint would have been futile, as the alleged failures to investigate occurred over 12 years ago and would be barred by the statute of limitations.

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    Verone Jenkins Jr. v. State of NJ, 3rd Cir. (2011)

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    The document is a court opinion from the United States Court of Appeals for the Third Circuit regarding a case brought by Verone Jenkins Jr. against the State of New Jersey. The District Court had granted the State of New Jersey's motion to dismiss the complaint based on sovereign immunity. The Third Circuit affirmed the District Court's decision, finding that sovereign immunity applied to bar the claims against the state. The Third Circuit also determined that allowing Jenkins to amend his complaint would have been futile, as the alleged failures to investigate occurred over 12 years ago and would be barred by the statute of limitations.

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    Filed: 2011-01-24 Precedential Status: Non-Precedential Docket: 10-4016

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    The document is a court opinion from the United States Court of Appeals for the Third Circuit regarding a case brought by Verone Jenkins Jr. against the State of New Jersey. The District Court had granted the State of New Jersey's motion to dismiss the complaint based on sovereign immunity. The Third Circuit affirmed the District Court's decision, finding that sovereign immunity applied to bar the claims against the state. The Third Circuit also determined that allowing Jenkins to amend his complaint would have been futile, as the alleged failures to investigate occurred over 12 years ago and would be barred by the statute of limitations.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    44 views3 pages

    Verone Jenkins Jr. v. State of NJ, 3rd Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The document is a court opinion from the United States Court of Appeals for the Third Circuit regarding a case brought by Verone Jenkins Jr. against the State of New Jersey. The District Court had granted the State of New Jersey's motion to dismiss the complaint based on sovereign immunity. The Third Circuit affirmed the District Court's decision, finding that sovereign immunity applied to bar the claims against the state. The Third Circuit also determined that allowing Jenkins to amend his complaint would have been futile, as the alleged failures to investigate occurred over 12 years ago and would be barred by the statute of limitations.

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    of 3

    ALD-085

    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ___________
    No. 10-4016
    ___________
    VERONE JENKINS, JR.,
    Appellant
    v.
    STATE OF NEW JERSEY
    ____________________________________
    On Appeal from the United States District Court
    for the District of New Jersey
    (D.C. Civil Action No. 2-09-cv-06554)
    District Judge: Honorable Faith S. Hochberg
    ____________________________________
    Submitted for Possible Summary Action
    Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
    January 13, 2011
    Before: SCIRICA, HARDIMAN and VANASKIE, Circuit Judges
    (Filed: January 24, 2011)
    _________
    OPINION OF THE COURT
    _________

    PER CURIAM.
    Verone Jenkins, Jr., proceeding pro se, appeals an order of the United States
    District Court for the District of New Jersey granting the State of New Jerseys motion to
    dismiss his complaint. For the reasons that follow, we will affirm the judgment of the
    District Court.

    Jenkins filed a complaint and an amended complaint alleging that he is a victim of


    identity theft as a result of the theft of his wallet. He states that the thieves were extended
    credit in his name and charged amounts exceeding $10,000. Jenkins states that the
    crimes occurred during the years 1996 to 1998. He believes the thieves visited his home
    during this time period, stating that he heard persons boasting about making the credit
    card charges. Jenkins avers that he contacted New Jersey State government agencies and
    law enforcement offices immediately after the crimes occurred but the agencies failed to
    investigate. Jenkins, who is Jewish, further claims that his rights to a proper investigation
    and fair trial have been violated and that these violations were the result of anti-Semitism.
    He states that he continues to be held financially responsible for the crimes against him.
    As relief, Jenkins seeks to clear his name of credit card fraud. Am. Comp. at 7. 1
    The State of New Jersey moved to dismiss the complaint on various grounds,
    including sovereign immunity under the Eleventh Amendment. The District Court
    agreed that sovereign immunity applied, ruled that it lacked jurisdiction to entertain the
    complaint, and granted the motion to dismiss. This appeal followed.
    We have jurisdiction pursuant to 28 U.S.C. 1291. Our standard of review is
    plenary. Gould Electronics Inc. v. United States, 220 F.3d 169, 176 (3d Cir. 2000).
    The District Court did not err in granting the State of New Jerseys motion to
    dismiss Jenkins complaint, as amended, based on sovereign immunity. See Pennhurst
    State Sch. & Hosp. v. Halderman, 465 U.S. 89, 100 (1984). To the extent an argument

    In his original complaint, Jenkins requested compensation for monetary losses and
    slander to his character.
    2

    could be made that the District Court should have afforded Jenkins an opportunity to
    amend his complaint to raise his claims against defendants other than the State of New
    Jersey, see Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002), we
    conclude that leave to amend was not required. Because Jenkins claims of failure to
    investigate arise from events occurring over twelve years ago, affording such an
    opportunity would have been futile. See id.; Montgomery v. De Simone, 159 F.3d 120,
    126 n.4 (3d Cir. 1998) (noting New Jerseys two-year limitations period on personal
    injury actions applies to civil rights claims under 42 U.S.C. 1983). 2
    Accordingly, because this appeal does not raise a substantial question, the
    judgment of the District Court is affirmed. 3

    We do not read Jenkins amended complaint as seeking to assert a claim against a credit
    reporting agency under the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.
    3
    The District Court did not abuse its discretion in denying Jenkins motion for
    appointment of counsel. Jenkins motion for appointment of counsel on appeal is denied.
    Tabron v. Grace, 6 F.3d 147, 155 (3d Cir. 1993).
    3

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