HAMILTON v. COLALILLO et al
Filing
2
OPINION AND ORDER Plaintiffs IFP application is GRANTED. ORDERED Clerk shall file the Complaint. ORDERED SUMMONS SHALL NOT ISSUE, at this time, as the Courts sua sponte screening has not yet been completed. ORDERED Clerk of the Court shall provide a copy of this Order to Plaintiff. Signed by Judge Noel L. Hillman on 1/12/2016. (bdk, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
:
BRIAN HAMILTON,
:
:
Plaintiff,
:
Civ. No. 16-0064 (NLH)
:
v.
:
OPINION and ORDER
:
HON. MARY EVA COLALILLO, et al.,
:
:
Defendants.
:
___________________________________:
APPEARANCES:
Brian Hamilton, # 4304162
Camden County Correctional Facility
P.O. Box 90431
330 Federal St.
Camden, NJ 08101
Plaintiff Pro se
Plaintiff Brian Hamilton, an inmate currently confined at
the Camden County Correctional Facility in Camden, 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
12th
day of
January
, 2016,
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) shall not begin to run until the date 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 Camden County
Correctional Facility; 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, 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,
pursuant to 28 U.S.C. § 1915(b)(2) and each payment shall
reference the civil docket number of this action; and it is
further
ORDERED that the Clerk of the Court shall provide a copy of
this Order to Plaintiff via regular U.S. mail.
____s/ Noel L. Hillman____
NOEL L. HILLMAN
United States District Judge
At Camden, New Jersey
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