KONCZYK v. COUNTY OF CAPE MAY et al

Filing 5

ORDER, MEMORANDUM Clerk shall reopen case, IFP is GRANTED. Directing Clerk to file the Complaint and not to issue Summons. Directing Clerk to mail a copy of this Order to Plaintiff. Signed by Judge Robert B. Kugler on 3/31/16. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
ERIC KONCZYK,
:
:
Plaintiff,
:
Civ. No. 16-1526 (RBK) (JS)
:
v.
:
:
COUNTY OF CAPY MAY, et al.,
:
MEMORANDUM AND ORDER
:
Defendants.
:
_________________________________________ :
Plaintiff is proceeding pro se with a civil rights complaint filed pursuant to 42 U.S.C. §
1983. Previously, on March 28, 2016, this Court denied Plaintiff’s original application to
proceed in forma pauperis without prejudice as it was incomplete and the matter was
administratively terminated. After this Court signed the March 28, 2016 Order, but prior to it
being entered on the docket, Plaintiff filed a complete application to proceed in forma pauperis.
(See Dkt. No. 2) Accordingly, this Court will order the Clerk to reopen this case. Leave to
proceed in this Court without prepayment of fees is authorized. 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.
Therefore, IT IS this 31st day of March, 2016,
ORDERED that the Clerk shall reopen this case; and it is further
ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted;
and it is further
ORDERED that the Complaint shall be filed; 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 the time to serve process under FED. R. CIV. P. 4(m) is hereby extended
to the date 90 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 County Correction Center; 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 Bruce v. Samuels, 136 S. Ct. 627, 632 (2016), 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 simultaneous, cumulative 20% deduction for each case
a court has mandated a deduction under the PLRA; i.e., Plaintiff would be subject to a 40%
deduction if there are two such cases, a 60% deduction if there are three such cases, etc., until all
fees have been paid in full; and it is further
ORDERED that pursuant to 28 U.S.C. § 1915(b)(2), in each month that the amount in
Plaintiff’s account exceeds $10.00, 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, in accordance with Bruce, until the

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$350.00 filing fee is paid. Each payment shall reference the civil docket numbers of the actions
to which the payment should be credited; and it is finally
ORDERED that the Clerk of the Court shall send a copy of this Order to Plaintiff by
regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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