ELLERMAN v. WOODWARD et al

Filing 18

MEMORANDUM AND ORDER, Pltf shall have 30 days from the date of entry of this Order to submit the $6.49 initial partial filing fee to the Clerk, etc.; ORDERED that, upon receipt of Pltf's initial partial filing fee, the Court will direct the Clerk to reopen this matter; ORDERED that Defts' time to answer the Complaint is extended until such time the Court reopens this matter and issues a new deadline for Defts to answer, etc. Signed by Judge Renee Marie Bumb on 6/19/2015. (dmr)(n.m.)

NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

Ronald Ellerman,
Plaintiff,
v.
William Briglia, D.O.,
Donna Caudill, R.N.,
State Corr. Officer Rielly,
and Gordon Presley, Psy.D.
Defendants.

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Civil Action No. 15-476(RMB)

MEMORANDUM AND ORDER

BUMB, District Judge:
This matter comes before the Court upon a letter request
from Defendants Caudill and Presley, seeking instructions on
filing an answer in this matter. (ECF No. 17.) Upon review of
the docket, this matter was administratively terminated and
remains closed. (ECF No. 8.) The conditions for reopening were
that Plaintiff submit a properly completed IFP application and
the $6.49 initial partial filing fee, which was not paid by the
prison from Plaintiff’s trust account before his release. (ECF
Nos. 8 and 12.) Plaintiff submitted the properly completed IFP
application, and the Court granted it, but Plaintiff has not
submitted the $6.49 initial partial filing fee.
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Plaintiff shall have 30 days from the date of entry of this
order to pay the initial partial filing fee. See Drayer v. Att.
Gen. State of Del., 81 F. App’x 429, 31 (3d Cir. 2003)(released
prisoner must pay initial partial filing fee assessed under PLRA
while in prison). The Court will extend the time for Defendants
to answer.
Review of the docket also indicates that summons have not
been executed on certain defendants who were named in the
original complaint, received on January 23, 2015 (ECF No. 1).
The original complaint was administratively terminated on
February 19, 2015 (ECF No. 2), and the case was reopened when
Plaintiff filed an Amended Complaint. (ECF No. 3.) The Amended
Complaint completely superseded the original complaint, and the
only defendants remaining in this action are William Briglia,
D.O.; Donna Caudill, R.N.; State Corr. Officer Rielly; and
Gordon Presley, Psy.D. Summonses were inadvertently issued by
the Clerk on all defendants named in the original complaint.
(ECF No. 5.) In the event Plaintiff pays the initial partial
filing fee and the Court reopens this matter, only Defendants
Briglia, Caudill, Rielly and Presley will be required to answer
the Amended Complaint, within the extended time given by the
Court.
IT IS on this 19th day of June 2015,

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ORDERED that Plaintiff shall have 30 days from the date of
entry of this order to submit the $6.49 initial partial filing
fee to the Clerk of Court, mailed to Mitchell H. Cohen Building
& U.S. Courthouse, 4th & Cooper Streets, Camden, NJ 08101; and
it is further
ORDERED that, upon receipt of Plaintiff’s initial partial
filing fee, the Court will direct the Clerk to reopen this
matter; and it is further
ORDERED that Defendants’ time to answer the complaint is
extended until such time as the Court reopens this matter and
issues a new deadline for Defendants to answer; and it is
further
ORDERED that the Clerk send a copy of this Memorandum and
Order to Plaintiff by regular mail; and it is further
ORDERED that the Clerk send a copy of this Memorandum and
Order, by regular mail, to Margaret Raymond Flood, Esq, counsel
for Defendants Caudill and Presley.

s/Renee Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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