WILCOX v. MARTINEZ

Filing 8

MEMORANDUM AND ORDER that the Clerk shall reopen this case; that plaintiff's application 6 to proceed in forma pauperis is granted; the Complaint shall be filed 1 ; a Summons shall not issue at this time until sua sponte screening is complete d; the time to serve process is extended to 90 days after the Court permits the complaint to proceed; the Clerk shall serve a copy of this order by regular U.S. mail upon the Attorney General of the State of New Jersey, the Warden of South Woods State Prison and to plaintiff; plaintiff is assessed a filing fee of $350 and shall pay the entire filing fee in the manner set forth in this order, etc. Signed by Judge Kevin McNulty on 8/23/2018. (sm)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
RAHEEM WILCOX,
Plaintiff

Civ. No. 18-8032 (KM) (CLW)

V.

SGT. J. MARTINEZ,

MEMORANDUM AND ORDER

Defendant.

Plaintiff, a state prisoner, flied pro se with the Court a complaint alleging claims under 42
U.S.C.

§

1983. (ECU’ No. 1.) Previously, this matter was administratively terminated, as

plaintiff’s initial application to proceed infonna pauperis was incomplete. (ECF Nos. 1-1, 1-2,
3,4.) Subsequently, plaintiff submitted a complete application to proceed

informapauperis.

(ECE No. 6.) Accordingly, the Clerk of the Court will be ordered 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 screening by the Court sua sponte, and the Court will screen the
complaint in due course.
Therefore, IT IS this 23d day of August, 2018
ORDERED that the Clerk of the Court shall reopen this case; and it is further
ORDERED that plaintiffs application to proceed

informapauperis

(ECF No. 6) 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 has not yet
completed its sua sponte screening; and it is further

ORDERED that the lime to serve process under Federal Rule of Civil Procedure 4(m) is
hereby extended to ninety (90) days after the Court permits the complaint to proceed; and it is
further
ORDERED that, as per 28 U.S.C.

§

1915(b) and for purposes of account deduction only,

Ihe Clerk of the Court shall serve a copy of this order by regular U.S. mail upon the Attorney
General of the State of New Jersey and the warden of South Woods 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, meaning that, if the Court dismisses the case upon 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, under 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,
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, under 28 U.S.C.

§

191 5(b)(2), in each month that the amount in

plaintiffs account exceeds S 10.00, the agency having custody of plaintiff shall assess, deduct
from plaintiffs account, and fonvard 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

7

$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 plaintitiby
regular U.S. mail.

I

KEVIN MCNULTY
United States District Judge

3