WATKINS-BEY v. AVILES et al

Filing 3

ORDERED that Pltf's IFP Appl is granted; Clk shall file the Cmp w/out prepayment of fees or security; Clk shall serve a copy of this Order by Reg mail upon the Atty Gen of the State of New Jersey and the Warden of Hudson County Correctional Faci lity; ORDERED that the cmp is DISMISS WITH PREJUDICE for failure to state a claim; ORDERED that this dismissal shall count as a "strike" for purposes of 28 U.S.C. 1915. re 1 Complaint Received, 2 Opinion. Signed by Judge Stanley R. Chesler on 3/3/09. (dr, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY KEVIN LAMONT WATKINS-BEY, Plaintiff, v. OSCAR AVILES, et al., Defendants. : : : : : : : : :

Civil Action No. 08-4519 (SRC) ORDER

CLOSED

For the reasons expressed in the Opinion filed herewith, IT IS on this 3rd day of March, 2009, ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted pursuant to 28 U.S.C. § 1915(a) and (b); and it is further ORDERED that the Clerk of the Court shall file the Complaint without prepayment of fees or security; and it is further ORDERED that, pursuant to 28 U.S.C. § 1915(b), 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 Hudson County Correctional Facility; and it is further ORDERED that the Complaint is DISMISSED WITH PREJUDICE for failure to state a claim; and it is further ORDERED that this dismissal shall count as a "strike" for purposes of 28 U.S.C. § 1915(g); and it is further ORDERED that Plaintiff is assessed a filing fee of $350.00 which shall be deducted from Plaintiff's institutional account

pursuant to 28 U.S.C. § 1915(b)(2) in the manner set forth below, regardless of the outcome of the litigation; and it is further ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), until the $350.00 fee is paid, each month that the amount in Plaintiff's prison account exceeds $10.00, the agency having custody of Plaintiff shall assess, deduct from his institutional account, and forward to the Clerk payments equal to 20% of the preceding month's income credited to Plaintiff's institutional account, with each payment referencing the civil docket number of this action.

s/ Stanley R. Chesler Stanley R. Chesler United States District Judge

2