CASRELL et al v. SGT. REESE et al

Filing 6

MEMORANDUM and ORDER that the Clerk of Court shall reopen the file in this matter; Ordering that the Plaintiff may proceed in forma pauperis; Directing the Clerk to file the Second Amended Complaint, issue summons and the USM shall serve a copy upon Defendants. Signed by Judge Joel A. Pisano on 9/15/2014. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

WILLIAM DAYSON CASRELL, et al.,
Plaintiff,
v.
SGT. REESE, et al.,
Defendants.

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Civil Action No. 14-2047 (JAP)

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff’s application to file the Second Amended
Complaint and proceed in forma pauperis without prepayment of fees pursuant to 28 U.S.C. §
1915. The Court has screened the Complaint for dismissal pursuant to 28 U.S.C. § 1915 and
1915A and finds that dismissal of the Complaint is not warranted at this time; therefore
IT IS on this 15th day of September, 2014,
ORDERED that the Clerk of the Court shall reopen the file in this matter; and it is further
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 Second Amended 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 administrator of Monmouth County
Correctional Facility; and it is further
ORDERED that the Clerk of the Court shall issue summons, and the United States Marshal

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shall serve a copy of the complaint, summons, and this Order upon Defendants pursuant to 28
U.S.C. § 1915(d), with all costs of service advanced by the United States; and it is further
ORDERED that Defendants shall file and serve a responsive pleading within the time
specified in Federal Rule of Civil Procedure 12, pursuant to 42 U.S.C. § 1997e(g)(2); 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 institutional 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/ Joel A. Pisano
JOEL A. PISANO, U.S.D.J.

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