GRAF v. LANIGAN et al

Filing 2

MEMORANDUM and ORDER IFP is GRANTED and Clerk shall file the Complaint. ORDERED Clerk shall serve a copy of this Order on the Attorney General of NJ and Warden of SWSP. ORDERED Clerk shall issue summons and Marshal shall serve upon defendants Lanigan and Buechele. ORDERED Clerk shall send Plaintiff a copy of this Memorandum Opinion. Signed by Judge Robert B. Kugler on 2/5/2015. (nz, )n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
CLIFFORD J. GRAF,
:
:
Plaintiff,
:
Civ. No. 14-2613 (RBK) (AMD)
:
v.
:
MEMORANDUM AND ORDER
:
GARY M. LANIGAN, et al.,
:
:
Defendants.
:
_________________________________________ :
Plaintiff is a state prisoner currently incarcerated at the South Woods State Prison in
Bridgeton, New Jersey. He is proceeding pro se with a civil rights complaint filed pursuant to 42
U.S.C. § 1983. Plaintiff’s application to proceed in forma pauperis will be granted based on the
information provided and the Clerk will be ordered to file the complaint.
Upon screening the complaint pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A, the
Court has determined that the complaint shall be permitted to proceed.
Accordingly, IT IS on this 5th day of February, 2015,
ORDERED that plaintiff’s application to proceed in forma pauperis is granted and the
Clerk shall file the complaint without prepayment of the filing fee; 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 on the Attorney General for the State of New Jersey and on the warden for
the South Woods State Prison in Bridgeton, New Jersey; 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

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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 plaintiff’s prison account for
the six-month period immediately preceding the filing of the complaint, when funds exist, the
New Jersey Department of Corrections 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 Graf’s prison account exceeds $10.00, the
New Jersey Department of Corrections shall assess, deduct from plaintiff’s account, and forward
to the Clerk payments equal to 20 % of the preceding month’s income credited to plaintiff’s
prison account, which each payment referencing the docket number of this action; and it is
further
ORDERED that the complaint shall be permitted to proceed against defendants Gary M.
Lanigan and Robert Buechele; and it is further
ORDERED that pursuant to 28 U.S.C. § 1915(d), the Clerk shall issue a summons and
the U.S. Marshal shall serve the summons and copies of the complaint and this Opinion and
Order upon defendants Lanigan and Buechele, with all costs of service advanced by the United
States; and it is further
ORDERED that pursuant to 42 U.S.C. § 1997e(g)(2) defendants Lanigan and Buechele
shall file and serve a responsive pleading within the time specified by FED. R. CIV. P. 12; and it is
further

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ORDERED that the Clerk shall serve this Memorandum and Order on plaintiff by regular
U.S. mail.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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