JOHNSON v. CAPE MAY COUNTY CORRECTIONAL CENTER et al

Filing 3

ORDERED that Plaintiff's IFP is GRANTED and the Clerk shall file the Complaint; ORDERED that the Complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted, etc.; ORDERED that the Clerk shall serve this Order upon the Plaintiff and close the file. Signed by Judge Robert B. Kugler on 9/30/2010. (dmr, )(n.m.)

-JS JOHNSON v. CAPE MAY COUNTY CORRECTIONAL CENTER et al

Doc. 3

CLOSED UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : CHARLES H. JOHNSON, : : Plaintiff, : : v. : : CAPE MAY COUNTY CORRECTIONAL : FACILITY, et al., : : Defendants. : : Hon. Robert B. Kugler Civil No. 10-1340 (RBK)

ORDER

For the reasons expressed in the Opinion filed herewith, IT IS on this 30th day of September , 2010,

ORDERED that Plaintiff's application to proceed in forma pauperis is GRANTED and the Clerk shall file the Complaint; 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 Attorney General of the State of New Jersey and the warden of Cape May County Correctional Facility; and it is further ORDERED that the Complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted; 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

Dockets.Justia.com

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 agency having custody of Plaintiff 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 agency having custody of Plaintiff 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 upon Plaintiff, and close the file.

s/Robert B. Kugler ROBERT B. KUGLER, U.S.D.J.