MERCADO v. CAMDEN COUNTY CORRECTIONAL FACILITY et al

Filing 3

ORDERED that the IFP is GRANTED. Clerk shall file Complaint, etc. ORDERED that Pltf.'s medical care claim is DISMISSED, WITHOUT PREJUDICE. ORDERED that deft. CAMDEN COUNTY CORRECTIONAL FACILITY is DISMISSED, WITH PREJUDICE. Clerk shall CLOSE this case. Pltf. must file AMENDED COMPLAINT, within 45 days, to REOPEN case, etc. Copy of this Order sent to Attorney General of NJ & warden of CCCF. Signed by Judge Noel L. Hillman on 12/1/09. (drw, )

UNITED STATES DISTRICT COURT D I S T R I C T OF NEW JERSEY : : : : : : : : : : :

J O H N MERCADO, Plaintiff, v. C A M D E N COUNTY CORRECTIONAL F A C I L I T Y , et al., Defendants.

C i v i l Action No. 09-5973 (NLH)

ORDER (CLOSED)

The Court having considered Plaintiff's application to p r o c e e d in forma pauperis and file the Complaint without p r e p a y m e n t of fees pursuant to 28 U.S.C. § 1915; and the Court h a v i n g screened the Complaint to determine whether dismissal is w a r r a n t e d pursuant to 28 U.S.C. § 1915(e)(2); I t is on this 1ST day of December , 2009;

O R D E R E D that Plaintiff may proceed in forma pauperis without p r e p a y m e n t of the $350.00 filing fee pursuant to 28 U.S.C. § 1 9 1 5 ( a ) and (b); and it is further O R D E R E D that the Clerk of the Court is directed to file the C o m p l a i n t in the above-captioned action; and it is further ORDERED that the Clerk of the Court shall serve a copy of t h i s order by regular mail on the Attorney General of New Jersey a n d on the warden of the Camden County Correctional Facility; and i t is further O R D E R E D that Plaintiff is assessed a filing fee of $350.00 a n d shall pay the entire filing fee in the manner set forth in

this order pursuant to 28 U.S.C. § 1915(b)(1) and (2), regardless o f the outcome of the litigation; and it is further O R D E R E D that in each month that the amount in Plaintiff's a c c o u n t exceeds $10.00, until the $350.00 filing fee is paid, the a g e n c y having custody of the Plaintiff shall assess, deduct from P l a i n t i f f ' s account, and forward to the Clerk of the Court payment e q u a l to 20% of the preceding month's income credited to P l a i n t i f f ' s account, pursuant to 28 U.S.C. § 1915(b)(2), and each p a y m e n t shall reference the civil docket number of this action; a n d it is further O R D E R E D that Plaintiff's medical care claim shall be D I S M I S S E D , without prejudice; and it is further O R D E R E D that defendant Camden County Correctional Facility is h e r e b y DISMISSED from this action, with prejudice; and it is further O R D E R E D that the Clerk of the Court shall close this case; a n d it is further O R D E R E D that, within 45 days from the date this Order is e n t e r e d , Plaintiff may move to reopen his case, attaching to any s u c h motion a proposed amended complaint which addresses the d e f i c i e n c i e s of the complaint as stated in the Opinion a c c o m p a n y i n g this Order. /s/ NOEL L. HILLMAN NOEL L. HILLMAN U n i t e d States District Judge A t Camden, New Jersey

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