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Kirkpatrick v. Gilley

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


January 25, 2001

MICHAEL JOSEPH KIRKPATRICK,
PLAINTIFF,
V.
DAN GILLEY, ETC., ET AL.,
DEFENDANTS.

ORDER

For the reasons expressed in the Opinion filed herewith,

IT IS on this 25th day of January, 2001,

ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted pursuant to 28 U.S.C. § 1915(a) and (b); and it is further

ORDERED that the Clerk of the Court shall file the Complaint without prepayment of fees or security; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk shall serve a copy of this Order by regular mail upon the United States Attorney for the District of New Jersey and upon the Warden of F.C.I. Fairton; and it is further

ORDERED that the Complaint is DISMISSED for lack of subject matter jurisdiction; and it is further

ORDERED that Plaintiff is assessed a filing fee of $150.00 which shall be deducted from his prison 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 Plaintiff is assessed an initial partial filing fee payment of $10.48; when funds exist, the Bureau of Prisons shall deduct said payment from Plaintiff's prison account and forward it to the Clerk of the Court pursuant to 28 U.S.C. § 1915(b)(1)(A); and it is finally

ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), until the $150.00 fee is paid, each subsequent month that the amount in Plaintiff's prison account exceeds $10.00, the Bureau of Prisons shall assess, deduct from Plaintiff's account, and forward to the Clerk payments equal to 20% of the preceding month's income credited to Plaintiff's prison account, with each payment referencing the civil docket number of this action.

JEROME B. SIMANDLE, U.S.D.J.

20010125

© 2001 VersusLaw Inc.



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