UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
February 3, 2004
KWAN SMITH, PLAINTIFF,
THOMAS SMITH, JR., JUDGE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Joseph E. Irenas United States District Judge
For the reasons expressed in the Opinion filed herewith,
IT IS on this 3rd day of February , 2004,
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 Attorney General of the State of New Jersey and the warden of Burlington County Jail; and it is further
ORDERED that the Clerk shall correct the docket to reflect that the only two named defendants are Judge Thomas Smith, Jr., and Judge John A. Almeida; and it is further
ORDERED that the Complaint is DISMISSED WITH PREJUDICE; and it is further
ORDERED that Plaintiff is assessed a filing fee of $150.00 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)(1)(A), Plaintiff is assessed an initial partial filing fee of $33.18; when funds exist, the agency having custody of Plaintiff shall deduct said initial partial payment from Plaintiff's institutional account and forward it to the Clerk; 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 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.
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