ARTIS v. SCHULTZ et al

Filing 5

ORDERED that the IFP is GRANTED & the Clerk shall file the complaint, etc. Complaint is DISMISSED for failure to state a claim, etc. Copy of this Order sent to the U.S. Attorney of NJ & the warden of FCI- Fairton, etc. Copy of Order & Opinion sent to Pltf. ORDERED that the Clerk CLOSE the file. Signed by Judge Renee Marie Bumb on 10/7/2009. (drw, )

CLOSED UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY RANDOLPH ARTIS, Plaintiff, v. PAUL SCHULTZ, et al., Defendants. : : : : : : : : : : : Civil No. 09-0986 (RMB) ORDER

For the reasons expressed in the Opinion filed herewith, IT IS on this 7th day of October 2009, ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted and the Clerk shall file the Complaint without prepayment of the filing fee; and it is further ORDERED that the Complaint is dismissed for failure to state a claim upon which relief may be granted; and it is further ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk shall forward a copy of this Order by regular mail to the United States Attorney for the District of New Jersey and the warden of FCI Fairton; and it is further ORDERED that Plaintiff is assessed a filing fee of $350.00 which shall be deducted from his 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)(1)(A), Plaintiff is assessed an initial partial filing fee equal to 20%

of the average monthly deposits to the Plaintiff's prison account for the six month period immediately preceding the filing of the Complaint; when funds exist, the Bureau of Prisons shall deduct said initial fee from Plaintiff's prison account and forward it to the Clerk; and it is further ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), until the $350.00 filing fee is paid, each subsequent month that the amount in Plaintiff's prison account exceeds $10.00, the Bureau of Prisons shall assess, deduct from the Plaintiff's 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 docket number of this action; and it is finally ORDERED that the Clerk shall serve this Order and the accompanying Opinion upon Plaintiff by regular mail, and shall close the file. s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge

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