BRAXTON v. ATLANTIC COUNTY PROSECUTOR OFFICE

Filing 7

ORDER directing the Clerk to REOPEN this case. ORDER granting the 5 IFP Application; directing the Clerk to file the Complaint; dismissing the Complaint w/ prejudice. The Clerk shall RECLOSE this case. Copy of Order sent to Pltf and the Attorney General of NJ. Signed by Judge Robert B. Kugler on 8/27/2013. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

SHAWN BRAXTON,
Plaintiff,
v.
ATLANTIC COUNTY PROSECUTOR
OFFICE,
Defendant.

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Civil Action No. 13-1714 (RBK)

ORDER

For the reasons expressed in the Opinion filed herewith,
IT IS on this 27th

day of

August

, 2013,

ORDERED that the Clerk of the Court shall RE-OPEN the Court’s file in this matter by
making a notation on the Docket reading “Civil Action Re-Opened”; and it is further
ORDERED that Plaintiff’s Application [5] 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 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 Attorney General of the State of New Jersey and the warden of
Atlantic County Justice Facility; and it is further
ORDERED that the Complaint is DISMISSED WITH PREJUDICE; 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; and it is further
ORDERED that the Clerk of the Court shall re-close the Court’s file in this matter by
making a notation on the Docket reading “Civil Action Terminated.”

s/Robert B. Kugler
Robert B. Kugler
United States District Judge

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