SHELTON v. CAPE MAY COUNTY CORRECTIONAL FACILITY et al

Filing 2

OPINION and ORDER that Plaintiff's application to proceed IFP is GRANTED, and the Clerk shall file the Complaint. ORDERED that SUMMONS SHALL NOT ISSUE at this time. ORDERED that the time to serve process is hereby extended to the date 120 days after the Court permits the Complaint to proceed. ORDERED that Plaintiff is assessed a $350.00 filing fee. Signed by Judge Noel L. Hillman on 7/13/2015. (TH, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiff,
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v.
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CAPE MAY COUNTY CORRECTIONAL
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FACILITY, et al.,
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Defendants.
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___________________________________:
AARON LEWIS SHELTON, V,

Civ. No. 15-4603 (NLH)
OPINION and ORDER

APPEARANCES:
Aaron Lewis Shelton, V, #37837
Cape May County Correctional Center
4 Moore Road
Cape May Court House, NJ 08210
Plaintiff Pro se

Plaintiff Aaron Lewis Shelton, V, an inmate currently
confined at Cape May County Correctional Center in Cape May, 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 1 and grants leave to

1

The Court notes that page one of the in forma pauperis
application is absent. However, page one of the application
contains only the caption of the case, the instructions for
completing the form, and the amount of the filing fee. The
caption of this case is evident from the Plaintiff’s Complaint;
Plaintiff has completed the remainder of the application and
submitted a certified prison account statement, indicating that
Plaintiff read and understood the instructions; and page one of
the Complaint informed Plaintiff of the amount of the filing

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

13th

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 Cape May Correctional
Facility; and it is further

fee. Thus, Plaintiff’s failure to submit page one of the in
forma pauperis application does not render the application
incomplete.
2

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, 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
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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.

___s/ Noel L. Hillman_____
NOEL L. HILLMAN
United States District Judge
At Camden, New Jersey

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