JOHNSON v. STOUT et al

Filing 3

MEMORANDUM OPINION & ORDER that the Clerk of Court shall reopen this case, file Plaintiff's application to proceed in forma pauperis; Granting Plaintiff's application to proceed in forma pauperis; Directing the Clerk to file the Complaint; Dismissing the case a duplicative. Signed by Judge Anne E. Thompson on 3/16/2015. (eaj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

LARRY JOHNSON,
Plaintiff,
Civil Action
No. 14-7699 (AET/LHG)

v.
CARL STOUT, et al.,

MEMORANDUM OPINION AND 0

Defendant.
I
I

Before the Court is Plaintiff Larry Johnson's ("Plaintifin)
application to proceed in forma pauperis ("IFP") with a civil:
rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff
his complaint on November 8, 2014
1.

(Docket Entry 1).

By order dated February 17, 2015, this Court

administratively terminated the complaint and denied Plaintif

s

IFP application as being deficient under 28 U.S.C. §
1915 (a) (1), (2)
2.

~

(Docket Entry 2).

On March 1, 2015, Plaintiff submitted a new IFP

application, which was inadvertently filed with a new complai
Civil Action 3:15-cv-01816 (AET/LHG)

!i'

(Docket Entry 1-1 at 4-1).

The Clerk shall be ordered to refile the IFP application unde,
this Docket Number.
3.

The Court having reviewed the IFP application, it

shall be granted and the Clerk will be directed to file the
Complaint~in

this matter, Docket Entry 1.

4.

Per the Prison Litigation Reform Act, Pub. L. No. 1 4-

134, §§ 801-810, 110 Stat. 1321-66 to 1321-77 (April 26, 1996
( "PLRA~') , district courts must review complaints in those ci v
actions in which a prisoner is proceeding in forma pauperis,

/.e

28 U.S. C. § 1915 (e) ( 2) (B) , seeks redress against a government IJl
employee or entity, see 28 U.S.C. § 1915A(b), or brings a cla
with respect to prison conditions, see 42 U.S.C. § 1997e.

I

I

Th

PLRA directs district courts to sua sponte dismiss any claim
that is frivolous,

is malicious, fails to state a claim upon

which relief may be granted, or seeks monetary relief from a
defendant who is immune from such relief.

This action is

subject to sua sponte screening for dismissal under 28 U.S.C.
1915(e) (2) (B) because Plaintiff is a prisoner is proceeding i

forma pauperis.
5.

The Court having reviewed the Complaint, as well as a

Complaint filed by Plaintiff on October 31,2014, Civil Action
No. 3:14-cv-07388 (AET/DEA), will dismiss the instant

Complai~t

(Docket Entry 1) as being duplicative of 14-7388.
THEREFORE,

it is this

/1;~ day

of

JA1J

2015,

II

ORDERED the Clerk of Court shall reopen No. 14-7699, and
shall file Plaintiff's IFP application, inadvertently filed with
3:15-cv-01816 (AET/LHG)

(Docket Entry 1-1 at 4-12), in No. 14l

7699, and it is further

2

ORDERED that Plaintiff's application to proceed in forma
pauperis is GRANTED, and it is further
ORDRED that the Clerk of the Court file the Complaint
(Docket Entry 1); and it is further
ORDERED that Plaintiff is assessed a filing fee of $350. 0
which shall be deducted from Plaintiff's institutional accoun
pursuant to 28 U.S.C.

§

1915(b) (2) in the manner set forth

below; and it is further
ORDERED that, pursuant to 28 U.S.C.

§

1915(b) (2), until

$350.00 fee is paid, each month that the amount in Plaintiff'
prison account exceeds $10.00, the agency having custody of
Plaintiff shall asses, deduct from his institutional account,
and forward to the Clerk payments equal to 20% of the precedi g
month's income credited to Plaintiff's institutional account,
with each payment referencing the civil docket number of this
action; and it is further
ORDERED that the Complaint (Docket Entry 1) is DISMISSED as
being duplicative of Civil Action No. 3:14-cv-07388 (AET/DEA),
and it is finally
ORDERED that the Clerk of Court shall serve a copy of this
Memorandum Opinion and Order upon Plaintiff and the
Administrator of New Jersey State Prison by regular U.S. Mail.
r
ANNE E. THOMPSON
U.S. District Judge
3