BURHYTE v. FEDERAL BUREAU OF PRISONS et al

Filing 7

ORDERED that Plaintiff's IFP Application is hereby GRANTED; ORDERED that the Clerk shall file the Amended Complaint; ORDERED the Clerk shall serve a copy of this Order by regular upon the U.S. Attorney for the District of New Jersey and the ward en of the Federal Correctional Institution at Fort Dix; ORDERED that the Amended Complaint is DISMISSED WITHOUT PREJUDICE, etc.; ORDERED that Plaintiff may file a motion to re-open, which must be accompanied by a proposed second amended complaint, within 30 days after the entry of this Order; ORDERED that if the proposed Second Amended Complaint is found to be deficient, it shall be dismissed with prejudice, etc. Signed by Judge Noel L. Hillman on 12/2/2009. (dmr, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY SCOTT BURHYTE, Plaintiff, v. FEDERAL BUREAU OF PRISONS, et al., Defendants. : : : : : : : : : :

Civil Action No. 09-1648 (NLH) ORDER

CLOSED

For the reasons expressed in the Opinion filed herewith, IT IS on this 2ND day of December ,2009,

ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted pursuant to 28 U.S.C. § 1915(a) and (b); and it is further ORDERED that the Clerk of the Court shall file the Amended Complaint without prepayment of fees or security; 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 upon the U.S. Attorney for the District of New Jersey and the warden of the Federal Correctional Institution at Fort Dix; and it is further ORDERED that the Amended Complaint is DISMISSED WITHOUT PREJUDICE; and it is further ORDERED that this dismissal shall count as a "strike" for purposes of 28 U.S.C. § 1915(g); and it is further

ORDERED that Plaintiff may file a motion to re-open, which must be accompanied by a proposed second amended complaint, within 30 days after entry of this Order; and it is further ORDERED that if the proposed Second Amended Complaint is found to be deficient, it shall be dismissed with prejudice and no further opportunities to amend shall be granted; and it is further ORDERED that Plaintiff is assessed a filing fee of $350.00 which shall be deducted from Plaintiff's institutional 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 institutional account, and forward to the Clerk payments equal to 20% of the preceding month's income credited to Plaintiff's institutional account, with each payment referencing the civil docket number of this action.

At Camden, New Jersey

/s/ NOEL L. HILLMAN Noel L. Hillman United States District Judge

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