UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
July 13, 2009
MARIO VALLE, PLAINTIFF,
HCCC MEDICAL DEPARTMENT, DEFENDANT.
The opinion of the court was delivered by: William J. Martini, U.S.D.J.
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.
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