LONG v. GREEN et al

Filing 2

MEMORANDUM and ORDER - Plaintiff's IFP application (ECF No. 1-8) is GRANTED; The Clerk of the Court is directed to file the complaint; Pursuant to 28 U.S.C. 1915(b) and for purposes of account deduction, the Clerk shall serve a copy of this Orde r by regular mail upon the Attorney General of the State of New Jersey and the Administrator of Essex County Jail; Plaintiff is assessed a filing fee of $350.00 and shall pay the entire filing fee in the manner set forth in this Order, etc.. Signed by Judge Stanley R. Chesler on 10/16/2015. (anr, )

NOT FOR PUBLICATION
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
NEWARK VICINAGE

Tommy Long,

:
:
Plaintiff,
:
:
v.
:
:
Charles Green, Warden of Essex
:
County Correctional Facility,
:
Individually and in his official
:
Capacity, and Dr. Lionel Anicette, :
Medical Director of Essex County
:
Correctional Facility,
:
Individually and in his
:
official capacity.
:
:
Defendants.
:

Civ. No. 15-7407(SRC)
MEMORANDUM AND ORDER

CHESLER, District Judge:
Plaintiff is a pretrial detainee at Essex County
Correctional Facility in Newark, New Jersey, and he brought this
civil action under 42 U.S.C. § 1983 on October 9, 2015. (Compl.,
ECF No. 1.) Plaintiff seeks to proceed in forma pauperis. (ECF
No. 1-8.) He has also filed a motion for a temporary restraining
order and a preliminary injunction, seeking medical care to
prolong his life and provide effective pain relief from Stage
Four cancer. Having screened the complaint pursuant to 28 U.S.C.
§ 1915(e)(2)(B)
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IT IS on this 16th day of October, 2015,
ORDERED that Plaintiff’s IFP application (ECF No. 1-8) is
GRANTED; it is further
ORDERED that the Clerk of the Court is directed to file the
complaint; 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 Administrator of Essex County Jail;
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); Section
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, regardless of the outcome of the
litigation; and it is further
ORDERED that pursuant to Siluk v. Merwin, No. 11-3996, 2015
WL 1600236 (3d Cir. Apr. 10, 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
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be paid off sequentially,” Siluk, 2015 WL 1600236 at *3
(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; it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(d), the Clerk
shall issue summons and the United States Marshal shall serve
summons, the Complaint and this Order upon Defendants, with all
costs of service advanced by the United States; it is further
ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2),
Defendants shall file and serve an answer, see Fed. R. Civ. P.
12(a)(1)(A); and Defendants shall respond to Plaintiff’s motion
for a temporary restraining order and a preliminary injunction
(ECF No. 1-6); and it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(e)(1) and § 4(a)
of Appendix H of the Local Civil Rules, the Clerk shall notify
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Plaintiff of the opportunity to apply in writing to the assigned
judge for the appointment of pro bono counsel; it is further
ORDERED that, if at any time prior to the filing of a
notice of appearance by Defendants, Plaintiff seeks the
appointment of pro bono counsel or other relief, pursuant to
Fed. R. Civ. P. 5(a) and (d), Plaintiff shall (1) serve a copy
of the application by regular mail upon each party at his last
known address and (2) file a Certificate of Service; it is
further
ORDERED that the Clerk of Court shall serve a copy of this
Order on Plaintiff by regular U.S. Mail.

__s/ Stanley R. Chesler__________
STANLEY R. CHESLER
UNITED STATES DISTRICT JUDGE

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