MONTALVO v. HUDSON COUNTY JAIL et al
Filing
2
MEMORANDUM/ORDER that Plaintiffs application to proceed informa pauperis is hereby granted; that the Complaint shall be filed; that a SUMMONS SHALL NOT ISSUE at this time, as the Courts sua sponte screening has not yet been completed; that the time t o serve process under FED. R. Civ. P. 4(m) is hereby extended until a date 120 days after the Court permits the Complaint to proceed; that pursuant to 28 U.S.C. § 19 15(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 Southern State Correctional Facility; etc. Signed by Judge Kevin McNulty on 5/10/16. N/M(DD, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
RAFAEL MONTALVO,
Civ. No. 15-72 16 (KM) (MAil)
Plaintiff,
V.
MEMORANDUM ANI) ORDER
FIUDSON COUNTY JAIL, et al.,
Defendants.
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 10th day of May, 2016,
ORDERED that Plaintiffs application to proceed informa pauperis is hereby granted;
and it is further
ORDERED that the Complaint shall be filed; and it is further
ORI)ERED that a 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
until a date 120 days after the Court pennits the Complaint to proceed; and it is further
ORDERED that pursuant to 28 U.S.C.
§
19 15(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 Southern State 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
ponte screening, or Plaintiffs 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. Sarnuels, 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,
Plaintiffs 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
Plaintiffs account exceeds $10.00, the agency having custody of Plaintiff shall assess, deduct
from Plaintiffs account, and forward to the Clerk of the Court payment equal to 20% of the
preceding month’s income credited to Plaintiffs account, in accordance with Bruce, until the
$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.
)
/ ,/t(c
KIVfN MCNLTY
United States District Judge
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