BROWN v. KERR et al

Filing 4

ORDERED that Clerk is to file complaint without prepayment of FF. ORDERED that the Clerk serve a copy of this Order upon US Attorney of NJ and the Warden of F.C.I. Fairton, etc. ORDERED that complaint is DISMISSED WITHOUT PREJUDICE, in its entirety, for failure to state a claim upon which relief may be granted at this time, etc. Signed by Judge Jerome B. Simandle on 7/1/2009. (drw, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JASON P. BROWN, Plaintiff, v. R. KERR, et al. Defendants. : : : : : : : : : :

Civil Action No. 08-6385 (JBS)

ORDER

For the reasons expressed in the Court's Opinion filed herewith, It is on this 1s t day of July , 2009,

ORDERED that the Clerk of the Court is directed to file the Complaint without prepayment of the filing fee; and it is further ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk shall serve a copy of this Order by regular mail on the United States Attorney for the District of New Jersey and on the Warden at FCI Fairton; and it is further ORDERED that plaintiff is assessed a filing fee of $350.00 which shall be deducted from plaintiff's prison account pursuant to 28 U.S.C. § 1915(b)(2) in the manner set forth below, regardless of the outcome of the litigation; and it is further ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), until the $350.00 fee is paid, each month that the amount in plaintiff's prison account exceeds $10.00, the agency having custody of plaintiff shall assess, deduct from his account, and forward to

the Clerk payments equal to 20% of the preceding month's income credited to plaintiff's prison account, with each payment referencing the civil docket number of this action; and it is further ORDERED that plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE, in its entirety, for failure to state a claim upon which relief may be granted at this time, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1).

s/ Jerome B. Simandle JEROME B. SIMANDLE United States District Judge

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