716 Fed.Appx. 124 (3rd Cir. 2017), 17-1182, Bhatt v. Hoffman

Docket Nº:17-1182
Citation:716 Fed.Appx. 124
Opinion Judge:PER CURIAM
Party Name:Chaula S. BHATT, Appellant v. John J. HOFFMAN, Former N.J. AG; AT & T INC, And Nationwide AT & T Subsidiaries; Attorney Dennis M. Galvin, Glenwood Attorney; Planet Associates Inc., NJ; Collabera Inc., NJ; Affiliates of AT & T; Michael Chirico, HR Director; Stephanie Serpico, HR Associate; Christopher Healy, VP Planet Associates, Inc.; Edward ...
Attorney:Chaula S. Bhatt, Pro Se
Judge Panel:Before: SHWARTZ, KRAUSE and RENDELL, Circuit Judges
Case Date:November 07, 2017
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit
 
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Page 124

716 Fed.Appx. 124 (3rd Cir. 2017)

Chaula S. BHATT, Appellant

v.

John J. HOFFMAN, Former N.J. AG; AT & T INC, And Nationwide AT & T Subsidiaries; Attorney Dennis M. Galvin, Glenwood Attorney; Planet Associates Inc., NJ; Collabera Inc., NJ; Affiliates of AT & T; Michael Chirico, HR Director; Stephanie Serpico, HR Associate; Christopher Healy, VP Planet Associates, Inc.; Edward Amoroso, AT & T SVP; Michael Zinnikas, AT & T Director; Peter Warshaw, Former Prosecutor; Paula Dow, Former N.J. AG; Perth Amboy Municipality; Perth Amboy Mayor; Emery Toth, Perth Amboy Magistrate; Det. M. Valera; Perth Amboy Unknown Lieutenant; Middlesex County Probation Chief; Middletown Municipality; Middletown Mayor; Middletown Prosecutors; Mayor Gerald Scharfenberger; Magistrate Richard B. Thompson; Christopher Porrino, New Jersey Current AG; Andrew Curey, Middlesex County Prosecutor; Christopher G., Monmouth County Prosecutor; Prosecutor Emily Cartmell; Named Monmouth County Prosecutors; Prosecutor Nicole Wallace; Ms. Sue Kent; Grace H. Park, Union County Prosecutor; Kyle Loscasio, Middlesex Probation Officer; All Defendants to Claim 9 to this Suit; Middlesex County Correctional Institute; Named MCCI Defendants; Mrs. Huttonloch, MCCI Guard; N.J. Commissioner of Correction; Commissioner of DMV-NJ; Key Auto Body Shop; AL’s Towing, Inc.; Rick Fuentes, N.J. Police Chief; Aldercrest Inc; Glenwood Apartments & County Club; Old Bridge Municipality; Mayor Henry Owen; Unknown Old Bridge Magistrate; All Car Towing, Inc.

No. 17-1182

United States Court of Appeals, Third Circuit

November 7, 2017

NOT PRECEDENTIAL

Submitted Pursuant to Third Circuit LAR 34.1(a) November 3, 2017

Editorial Note:

This opinion is not regarded as Precedents which bind the court under Third Circuit Internal Operating Procedure Rule 5.7. (See Federal Rule of Appellate Procedure Rule 32.1)

On Appeal from the United States District Court for the District of New Jersey (D.C. Civil Action No. 3-15-cv-00005), District Judge: Honorable Peter G. Sheridan

Chaula S. Bhatt, Pro Se

Before: SHWARTZ, KRAUSE and RENDELL, Circuit Judges

OPINION[*]

PER CURIAM

Page 125

Chaula S. Bhatt appeals from the order of the District Court dismissing her amended complaint. We will vacate and remand for further proceedings.

I.

Bhatt formerly worked in some capacity for AT & T, Inc. She initiated this action against AT & T and 10 other defendants by filing pro se a 112-page complaint (exclusive of exhibits) asserting 75 claims. She alleged, among other things, that AT & T wrongfully terminated her and then conspired with numerous other defendants to subject her to wrongful criminal prosecutions and deprive her of other employment opportunities.

Bhatt filed her complaint in forma pauperis, so the District Court screened it before service of process pursuant to

Page 126

28 U.S.C. § 1915(e)(2)(B). The District Court then dismissed it without prejudice and with leave to amend for failure to comply with the pleading requirements of Fed.R.Civ.P. 8(a). In doing so, the District Court briefly set forth the requirements of Rule 8(a), but it did not explain why it deemed Bhatt’s complaint deficient or otherwise provide her with any guidance on how she could amend.

Bhatt initially did not file an amended complaint. Instead, she later filed a motion for leave to file an untimely amendment on the ground that she never received the District Courts order. Bhatts action was assigned to the Honorable Peter G. Sheridan, who held a hearing on Bhatts motion. At that hearing, Judge Sheridan advised Bhatt that, "due to some personal issues, I have a conflict of interest with [defendant] Attorney General Hoffman. So, as a result, I cant make a ruling on your case right now, I need to forward this to another judge to make a decision." (ECF No. 23 at 5.)...

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