BRAGG v. JACKSON

Filing 18

ORDERED that Pltf Bragg's 14 Motion to Reopen is GRANTED; the Clerk shall REOPEN this case. ORDERED that Pltf Bragg's 15 Motion to Amend Complaint is GRANTED; the Clerk shall file the PROPOSED AMENDED COMPLAINT (DOC #15). Pltf JOSE ALVA RDO is DISMISSED from this action. The Clerk shall open a new case for Pltf Alvardo & file the amended complaint (DOC #15) as docket entry #1, this Order as docket entry #2 & Pltf Alvardo's IFP (DOC #'s 13 & 16) as docket entry #'s 3 & 4, etc. Pltf Bragg's excessive force claim against SCO JACKSON shall proceed; Clerk shall amend the docket to reflect SCO JACKSON as Deft; all other claims are DISMISSED W/OUT PREJUDICE, & all Defts shall be terminated. The Clerk shall issue summons, for USM to serve, on Deft JACKSON, etc. Order & Pro Bono Packet sent to Pltf. (drw, )n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiffs,
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v.
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KAREN BALICKI, et al.,
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Defendants.
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BRIAN KEITH BRAGG, et al.,

Civil Action No. 10-3803 (NLH)
O R D E R

For the reasons set forth in the Opinion accompanying this
Order;
It is on this

20th

day of December, 2011,

ORDERED that Plaintiff Bragg’s Motion to Reopen (docket
entry 14) is hereby GRANTED; the Clerk of the Court shall reopen
this case; and it is further
ORDERED that Plaintiff Bragg’s Motion to Amend the Complaint
(docket entry 15) is hereby GRANTED; the Clerk of the Court shall
file the proposed amended complaint (the contents of docket entry
15) as an Amended Complaint; and it is further
ORDERED that Plaintiff Jose Alvarado, is hereby DISMISSED
from this action; and it is further
ORDERED that the Clerk of the Court shall open a new case
for Plaintiff Alvarado, assigned to the undersigned, entitled
“Jose J. Alvarado v. SCO DiMatteo,” and shall file the amended
complaint (docket entry 15) as docket entry 1 in that case, this

Order as docket entry 2 in that case, and file Plaintiff
Alvarado’s application to proceed IFP (docket entries 13 and 16)
as docket entries 3 and 4, respectively, in the newly created
case; and it is further
ORDERED that the Clerk of the Court shall make a docket
entry in Plaintiff Alvarado’s newly created case noting that
Plaintiff Alvarado’s IFP application is denied, and shall
administratively terminate and close the newly created case; and
it is further
ORDERED that the Clerk of the Court shall serve on Plaintiff
Alvarado a copy of this Order, the accompanying Opinion, and a
blank form complaint for use in a § 1983 case; and it is further
ORDERED that if Plaintiff Alvarado wishes to reopen the
newly created case, he may file the $350.00 filing fee, along
with an amended complaint, preferably on the form provided by the
Clerk of the Court, asserting his personal claims; and it is
further
ORDERED that, in this case, Plaintiff Bragg’s excessive
force claim against SCO Jackson, shall be permitted to proceed;
and it is further
ORDERED that the Clerk of the Court shall amend the docket
to reflect “SCO Jackson” as a defendant; and it is further

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ORDERED that all other claims are dismissed from this
action, without prejudice, and all defendants (besides SCO
Jackson) shall be terminated; and it is further
ORDERED that the Clerk of the Court shall issue summons, and
the United States Marshal shall serve a copy of the complaint,
amended complaint, summons, and this Order upon the Defendant
Jackson pursuant to 28 U.S.C. § 1915(d), with all costs of
service advanced by the United States; and it is further
ORDERED that Defendant Jackson shall file and serve a
responsive pleading within the time specified in Federal Rule of
Civil Procedure 12, pursuant to 42 U.S.C. § 1997e(g)(2); and it
is further
ORDERED that, pursuant to 28 U.S.C. § 1915(e)(1) and § 4(a)
of Appendix H of the Local Civil Rules, the Clerk shall notify
Plaintiff of the opportunity to apply in writing to the assigned
judge for the appointment of pro bono counsel in accordance with
the factors set forth in Tabron v. Grace, 6 F.3d 147 (3d Cir.
1993), cert. denied, 510 U.S. 1196 (1994), which sets forth the
requirements for eligibility for appointment of pro bono counsel.
Plaintiff is advised that such appointment is not automatic; and
it is further
ORDERED that the Clerk shall enclose with such notice a copy
of Appendix H and a form Application for Appointment of Pro Bono
Counsel; and it is finally

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ORDERED that, if at any time Plaintiff seeks the appointment
of pro bono counsel, pursuant to Fed. R. Civ. P. 5(a) and (d),
Plaintiff shall (1) serve a copy of the Application for
Appointment of Pro Bono Counsel by regular mail upon each party
at his last known address, or, if the party is represented in
this action by an attorney, upon the party’s attorney at the
attorney’s address, and (2) file a Certificate of Service with
the Application for Pro Bono Counsel.

/s/ Noel L. Hillman
NOEL L. HILLMAN
United States District Judge
At Camden, New Jersey

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