DORN v. ATLANTIC CITY POLICE DEPARTMENT et al

Filing 6

OPINION AND ORDER Plaintiffs application to proceed is GRANTED. ORDERED Clerk of the Court shall file the Complaint. ORDERED that SUMMONS SHALL NOT ISSUE, as the Courts sua sponte screening has not yet been completed. ORDERED 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 South Woods State Prison.. Signed by Judge Noel L. Hillman on 4/30/2015. (bdk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiff,
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v.
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ATLANTIC CITY POLICE
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DEPARTMENT, et al.,
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Defendants.
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___________________________________:
TODD DORN,

Civ. No. 14-3441 (NLH)
OPINION and ORDER

APPEARANCES:
Todd Dorn, # 406042B/776752
South Woods State Prison
215 Burlington Road South
Bridgeton, NJ 08302
Plaintiff Pro se

Plaintiff Todd Dorn, an inmate currently confined at South
Woods State Prison in Bridgeton, New Jersey, brings this civil
rights action pursuant to 42 U.S.C. § 1983 and submits an
application to proceed in forma pauperis.

The Court finds that

Plaintiff has submitted a complete application to proceed in
forma pauperis and grants leave to proceed without prepayment of
fees. See 28 U.S.C. § 1915.

This case is subject to sua sponte

screening by the Court, and the Complaint will be screened in
due course. See 28 U.S.C. §§ 1915(e)(2)(B); see also 28 U.S.C. §
1915A; 42 U.S.C. § 1997e.
IT IS therefore on this 30th day of _April__, 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; and it is further
ORDERED that SUMMONS SHALL NOT ISSUE, at this time, as the
Court’s sua sponte screening has not yet been completed; and it
is further
ORDERED that that the time to serve process under FED. R.
CIV. P. 4(m) is hereby extended to the date 120 days after the
Court permits the Complaint to proceed; and it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(b) and for
purposes of account deduction only, 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 South Woods State Prison;
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, meaning that if the
Court dismisses the case as a result of its sua sponte
screening, or Plaintiff’s case is otherwise administratively
terminated or closed, § 1915 does not suspend installment
payments of the filing fee or permit refund to the prisoner of

the filing fee, or any part of it, that has already been paid;
and it is further
ORDERED that pursuant to Siluk v. Merwin, No. 11-3996, 2015
WL 1600236 (3d Cir. Apr. 10, 2015) (precedential), if Plaintiff
owes fees for more than one court case, whether to a district or
appellate court, under the Prison Litigation Reform Act (PLRA)
provision governing the mandatory recoupment of filing fees,
Plaintiff’s monthly income is subject to a single, monthly 20%
deduction, “and the cases and/or appeals that an inmate has
filed [sha]ll be paid off sequentially,” Siluk, 2015 WL 1600236
at *3 (emphasis in original); i.e., the first-filed case shall
be paid off in full, then the second-filed case, etc., until all
fees have been paid in full; and it is further
ORDERED that, with respect to this case, when Plaintiff’s
fees become ripe for payment in accordance with Siluk, in each
month that the amount in Plaintiff’s 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.

At Camden, New Jersey

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