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Smart-El v. Ocean County Justice Facility

January 23, 2008

JY R. SMART-EL, PLAINTIFF,
v.
OCEAN COUNTY JUSTICE FACILITY, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Freda L. Wolfson United States District Judge

ORDER

Plaintiff seeks to file his Complaint in forma pauperis without prepayment of fees pursuant to 28 U.S.C. § 1915. Based on his affidavit of poverty, prison account statement, and the apparent absence of three dismissals within 28 U.S.C. § 1915(g), the Court finds that Plaintiff qualifies for prisoner in forma pauperis status.

IT IS therefore on this 18th day of January , 2008,

ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted; and it is further

ORDERED that the Clerk of the Court shall file the Complaint without prepayment of the filing fee; and it is further ORDERED that Plaintiff's claims against Ocean County Justice Facility are DISMISSED WITH PREJUDICE;*fn1 and it is further

ORDERED that Plaintiff's claims against Gary Merlin are DISMISSED WITHOUT PREJUDICE;*fn2 and it is further

ORDERED that Plaintiff's claims against Theodore Hutler are DISMISSED WITHOUT PREJUDICE;*fn3 and it is further

ORDERED that the Clerk shall terminate Ocean County Justice Facility, Gary Merlin and Theodore Hutler as Defendants in this action; and it is further

ORDERED that the Clerk shall add Captain Therien as a Defendant in this action, pursuant to the caption of the Complaint; and it is further

ORDERED that Plaintiff's allegations asserting violations of Plaintiff's constitutional rights as a result of Plaintiff's transfer from Atlantic County Justice Facility to Ocean County Justice Facility are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted;*fn4 and it is further

ORDERED that Plaintiff's remaining claims against Defendants Hagen and Therien may proceed past the sua sponte dismissal stage; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(d), the Clerk of the Court shall issue summons, and a United States marshal shall serve summons, together with copies of the complaint and this order, upon Defendants Hagen and Therien, with all costs of service advanced by the United States; and it is further

ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), Defendants Hagen and Therien shall file and serve a responsive pleading within the time specified by Fed. R. Civ. P. 12; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(e)(1) and § 4(a) of Appendix H of the Local Civil Rules, the Clerk of the Court shall notify Plaintiff of the opportunity to apply in writing to the assigned judge for the appointment of pro bono counsel in accordance with the factors set forth in Tabron v. Grace, 6 F.3d 454 (3d Cir. 1997), which sets forth the requirements for eligibility for appointment of pro bono counsel (in ...


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