OLESON v. BUREAU OF PRISONS et al

Filing 8

ORDERED that Plaintiff's Application to proceed IFP is GRANTED and the Clerk shall file the Complaint; ORDERED that the Complaint is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES; ORDERED that the Clerk shall forward a copy of this Order by regular mail to the US Attorney for the District of NJ and the warden of FCI Fort Dix, etc.; ORDERED that the Clerk shall serve a copy of this Order and Opinion upon Plaintiff and close the file. Signed by Judge Noel L. Hillman on 1/14/2010. (dmr, )

CLOSED UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ROBERT R. OLESON, Plaintiff, v. BUREAU OF PRISONS, et al., Defendants. : : : : : : : : : : : Civil No. 09-5706 (NLH)

ORDER

For the reasons expressed in the Opinion filed herewith, IT IS on this 14TH day of January , 2010,

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 WITHOUT PREJUDICE FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES; 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 Fort Dix; 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; 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 and shall close the file.

/s/ NOEL L. HILLMAN NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey

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