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Smith v. Smith

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


February 3, 2004

KWAN SMITH, PLAINTIFF,
v.
THOMAS SMITH, JR., JUDGE, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Joseph E. Irenas United States District Judge

ORDER

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.

20040203

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