HARRIS v. HOLMES

Filing 6

OPINION AND ORDER Plaintiff's IFP is GRANTED. ORDERED Clerk shall file the Complaint. ORDERED Clerk shall issue summons and US Marshal's to serve. ORDERED Clerk shall notify Plaintiff of the opportunity for the appointment of pro bono counsel. Signed by Judge Noel L. Hillman on 3/31/2015. (bdk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiff,
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v.
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CHRISTOPHER HOLMES, et al.,
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Defendants.
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___________________________________:
GARY HARRIS,

Civ. No. 14-460 (NLH)
OPINION and ORDER

APPEARANCES:
Gary Harris, #283029
South Woods State Prison
215 Burlington Road South
Bridgeton, NJ 08302
Plaintiff Pro se

Plaintiff Gary Harris, an inmate currently confined at
South Woods State Prison in Bridgeton, New Jersey, having
brought this civil rights action in forma pauperis, without
prepayment of fees or security, asserting claims pursuant to 42
U.S.C. § 1983; and, based on his affidavit of indigence, the
Court granting Plaintiff’s application to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915(a) and (b); and the Court
having screened the instant Complaint to determine whether it
should be dismissed as frivolous or malicious, for failure to
state a claim upon which relief may be granted, or because it
seeks monetary relief from a defendant who is immune from suit
pursuant to 28 U.S.C. § 1915(e)(2)(B); and the Court finding

that that dismissal of Plaintiff’s claims are not warranted at
this time;
IT IS on this 31st day of March, 2015,
ORDERED that Plaintiff’s application to proceed in forma
pauperis is GRANTED; and it is further
ORDERED that the Clerk of the Court shall file the
Complaint without prepayment of the filing fee pursuant to 28
U.S.C. § 1915(a); and it is further;
ORDERED that Plaintiff’s claims under 42 U.S.C. § 1983
against Defendants will not be dismissed under 28 U.S.C. §§
1915(e)(2)(B); and it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(d), the Clerk
shall issue summons and the United States Marshal shall serve
summons, the Complaint and this Order upon Defendants, with all
costs of service advanced by the United States 1; and it is
further
ORDERED that Plaintiff is assessed a filing fee of $350.00
and 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 of the outcome of the litigation; and it is further
ORDERED that in each month that the amount in Plaintiff’s

1

Alternatively, the U.S. Marshal may notify defendant(s) that
an action has been commenced and request that the defendant(s)
waive personal service of a summons in accordance with FED. R.
CIV. P. 4(d).

account exceeds $10.00, until the $350.00 filing fee is paid,
the agency having custody of Plaintiff shall assess, deduct from
Plaintiff’s account, and forward to the Clerk of the Court
payment equal to 20% of the preceding month’s income credited to
Plaintiff’s account, pursuant to 28 U.S.C. § 1915(b)(2), and
each payment shall reference the civil docket number of this
action; and it is further
ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2),
Defendants shall file and serve an answer, see FED. R. CIV. P.
12(a)(1)(A); 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; and it is further
ORDERED that, if at any time prior to the filing of a notice of
appearance by Defendants, Plaintiff seeks the appointment of pro
bono counsel or other relief, pursuant to FED. R. CIV. P. 5(a) and
(d), Plaintiff shall (1) serve a copy of the application by
regular mail upon each party at his last known address and (2)
file a Certificate of Service. 2

At Camden, New Jersey
2

___s/ Noel L. Hillman_____
NOEL L. HILLMAN
United States District Judge

After an attorney files a notice of appearance on behalf of a
Defendant, the attorney will automatically be electronically
served all documents that are filed in the case.