PITTMAN v. SAINT FRANCIS HOSPITAL et al

Filing 5

ORDER that the Clerk shall REOPEN this case; Granting Plaintiffs application to proceed in forma pauperis; Ordering the Clerk to file the Complaint; Ordering that summons shall not issue at this time, as the Court's sua sponte screening has not yet been completed. Signed by Judge Michael A. Shipp on 7/14/2015. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ELIJAH MATHEWS PITTMAN,
Civil Action No. 15-3371 (MAS)
Plaintiff,

v.

ORDER

SAINT FRANCIS HOSPITAL, 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.

IT IS therefore on this

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.

ORDERED that the Clerk shall REOPEN the ca e by making a new and separate docket
entry reading "CIVIL CASE REOPENED"; it is further

ORDERED that Plaintiffs application to proceed in forma pauperis is hereby
GRANTED; it is further
ORDERED that the Complaint shall be filed; it is further
ORDERED that SUMMONS SHALL NOT ISSUE, at this time, as the Court's sua

sponte screening has not yet been completed; it is further
ORDERED that the time to serve process under Fed. R. Civ. P. 4(m) is hereby extended .:.
to the date 120 days after the Court permits the Complaint to proceed; it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(b) and for purposes of account deduction
only, the Clerk of the Court shall serve a copy of this Order by regular mail upon the Attorney

General of the State of New Jersey and the Administrator of the Monmouth County Correctional
Institution; 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)(l) and (2), regardless of
the outcome of the litigation, meaning that if the Court dismisses the case as a result of its sua
sponte 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; it is further
ORDERED that pursuant to Silukv. Merwin, 783 F.3d 412 (3d Cir. 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,
Plaintiffs monthly income is subject to a single, monthly 20% deduction, "and the cases and/or
appeals that an inmate has filed [sha]ll be paid off sequentially," id. at 426 (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; it is further
ORDERED that, with respect to this case, when Plaintiffs fees become ripe for payment'
in accordance with Siluk, in each month that the amount in Plaintiffs account exceeds $10.00,
until the $350.00 filing fee is paid, 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 Plaintiff's account, pursuant to 28 U.S.C. § 1915(b)(2), and each
payment shall reference the civil docket number of this action; and it is further

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ORDERED that the Clerk of the Court shall serve a copy of this Order upon Plaintiff by . _. .

regular U.S. mail.

Michael A. Shi6p, U.S.D.J.

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