ROSS v. UMDNJ et al

Filing 4

ORDERED that the Pltf may proceed IFP without prepayment of the $350.00 filing fee; ORDERED that the Clk of the Ct is directed to file the Cmp in the above- captioned action; ORDERED that Pltf's Cmp is hereby dismissed, without prejudice, a nd for failure to state a clm upon which relief may be granted; ORDERED that the Clk of the Court shall close this case; and it is finally ORDERED that, within 45 days from the date this Order is entered, Pltf may move to reopen his case, attaching to any such motion a proposed amended complaint which addresses the deficiencies of the complaint as stated in the Opinion accompanying this Order. re 3 Opinion, 1 Complaint Received. Signed by Judge Faith S. Hochberg on 6/27/11. (dr, )

CLOSED
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
TERRANCE ROSS,
Plaintiff,
v.
UMDNJ, et al.,
Defendants.

:
:
:
:
:
:
:
:
:
:

Civil Action No. 11-2620 (FSH)
O R D E R

The Court having screened Plaintiff’s complaint to determine
whether dismissal is warranted pursuant to 28 U.S.C. §§
1915(e)(2)(B)(ii) and 1915A; and Plaintiff having filed an
application to proceed in forma pauperis;
It is on this 27th day of June, 2011,
ORDERED that Plaintiff may proceed in forma pauperis without
prepayment of the $350.00 filing fee pursuant to 28 U.S.C. §
1915(a) and (b); and it is further
ORDERED that the Clerk of the Court is directed to file the
complaint in the above-captioned action; and it is further
ORDERED that the Clerk of the Court shall serve a copy of
this Order by regular mail on the Attorney General for the State
of New Jersey and on the warden of the Bayside State Prison; 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; and it is further
ORDERED that 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 the 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;
ORDERED that Plaintiff’s complaint is hereby dismissed,
without prejudice, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and
1915A(b)(1), for failure to state a claim upon which relief may
be granted; and it is further
ORDERED that the Clerk of the Court shall close this case;
and it is finally
ORDERED that, within 45 days from the date this Order is
entered, Plaintiff may move to reopen his case, attaching to any
such motion a proposed amended complaint which addresses the
deficiencies of the complaint as stated in the Opinion
accompanying this Order.

s/ Faith S. Hochberg
FAITH S. HOCHBERG
United States District Judge

2