TURNER v. SPRINGLER et al

Filing 3

MEMORANDUM AND ORDER granting Plaintiff's 1 -1 Application to Proceed in forma pauperis and the summons shall not issue at this time, as the Court's su sponte screening has no bee completed. The time to serve process is extended to the date 90 days after the Court permits the Complaint to proceed. (Order sent to Plaintiff via USPS on 1/7/2021) Signed by Judge Peter G. Sheridan on 1/7/2021. (jmh)

Case 3:20-cv-13184-PGS-TJB Document 3 Filed 01/07/21 Page 1 of 2 PageID: 35

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JUAN IBN-DON MUMIT TURNER,
Plaintiff,

Civ. No. 20-13 184 (PGS) (TJB)

V.

SUSAN SPRINGLER, et al.,

MEMORANDUM AND ORDER

Defendants.

Plaintiff is proceeding pro se with a civil rights complaint. Plaintiff has applied to
proceed informapauperis. 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 this Court. The

complaint will be screened in due course.
Therefore, IT IS this

7

o-I
day of

ORDERED Plaintiffs application to proceed informapauperis is hereby granted; and it
is further
ORDERED SUMMONS SHALL NOT ISSUE, at this time, as the Court’s sua sponte
screening has not yet been completed; and it is further
ORDERED the time to serve process under Fed. R. Civ. P. 4(m) is hereby extended to the
date 90 days after the Court permits the Complaint to proceed; and it is further
ORDERED pursuant to 28 U.S.C.

§

19 15(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 warden of the New Jersey State Prison; and it is further
ORDERED 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

Case 3:20-cv-13184-PGS-TJB Document 3 Filed 01/07/21 Page 2 of 2 PageID: 36

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

§ 1915(b)(2), in each month that the amount in

Plaintiffs account exceeds $10.00, 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 Plaintiffs account, in accordance with Bruce, until the
$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 the Clerk shall send a copy of this order to Plaintiff by regular U.S. mail.

PETER G. SHERIDAN
United States District Judge

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