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Valle v. HCCC Medical Dep't

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


July 13, 2009

MARIO VALLE, PLAINTIFF,
v.
HCCC MEDICAL DEPARTMENT, DEFENDANT.

The opinion of the court was delivered by: William J. Martini, U.S.D.J.

ORDER

This matter having been raised by Plaintiff seeking an application to proceed without payment of fees under 28 U.S.C. §1915; and the Court having sua sponte screened the Complaint in the above-captioned action pursuant to 28 U.S.C. § 1915(e)(2)(B) to determine if it states a claim; and Plaintiff stating in his complaint that he has failed to exhaust available administrative remedies before bringing this action; and for good cause shown;

IT IS on this 13th day of July, 2009, hereby,

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

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

FURTHER ORDERED that the Complaint is DISMISSED without prejudice pursuant to 42 U.S.C. § 1997e(a) for failure to exhaust available administrative remedies before bringing a claim under 28 U.S.C. § 1983.

20090713

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