CALLAWAY v. CUMBERLAND COUNTY SHERIFF DEPARTMENT et al

Filing 11

OPINION and ORDER granting Pltf's IFP Application and directing the Clerk to file the Complaint; SUMMONS SHALL NOT ISSUE at this time, etc. Signed by Judge Noel L. Hillman on 7/8/2015. (drw)n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
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Plaintiff,
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v.
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CUMBERLAND COUNTY SHERIFF
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DEPARTMENT, et al.,
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Defendants.
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___________________________________:
OREADER CALLAWAY,

Civ. No. 14-4853 (NLH)
OPINION and ORDER

APPEARANCES:
Oreader Callaway, # 934609/109763-B
New Jersey State Prison
P.O. Box 861
Trenton, NJ 08625
Plaintiff Pro se

Plaintiff Oreader Callaway, an inmate currently confined at
New Jersey State Prison in Trenton, New Jersey, brings this
civil rights action pursuant to 42 U.S.C. § 1983.

This case was

twice previously administratively terminated due to incomplete
in forma pauperis applications. (ECF Nos. 3, 7).

On June 29,

2015, Plaintiff submitted a third application to proceed in
forma pauperis and the case was reopened for review by a
judicial officer. (ECF No. 10).

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

8th

day of

July

, 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 the New Jersey 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
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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, 783 F.3d 421 (3d
Cir. 2015), as amended (Apr. 21, 2015), as amended (Apr. 28,
2015), 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, 783 F.3d at 426 (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,
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pursuant to 28 U.S.C. § 1915(b)(2) and each payment shall
reference the civil docket number of this action.

__s/ Noel L. Hillman______
NOEL L. HILLMAN
United States District Judge
At Camden, New Jersey

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