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Maddelin v. Atlantic County Justice Facility

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


July 20, 2009

PHILIP GREGORY MADDELIN, PLAINTIFF,
v.
ATLANTIC COUNTY JUSTICE FACILITY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Noel L. Hillman United States District Judge

ORDER

The Court having considered Plaintiff's application to proceed in forma pauperis and file the complaint without prepayment of fees pursuant to 28 U.S.C. § 1915; and the Court having screened the complaint to determine whether dismissal is warranted pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A;

It is on this 20th day of July , 2009,

ORDERED that Plaintiff may proceed in forma pauperis without prepayment of the $350.00 filing fee pursuant to 28 U.S.C. § 1915(a) and (b); and it is further

ORDERED that the Clerk of the Court is directed to file the complaint in the above-captioned action; and it is further

ORDERED that defendants Atlantic County Justice Facility and Joseph P. Swift are hereby DISMISSED from this action, WITH prejudice; and it is further

ORDERED that all other defendants and claims shall be DISMISSED from this action, WITHOUT prejudice, for failure to state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and § 1915A(b)(1)(federal claims), and pursuant to 28 U.S.C. § 1367(c)(3)(state law claims); and it is further

ORDERED that the Clerk of the Court shall close this case; and it is further

ORDERED that, within 45 days from the date this Order is entered, Plaintiff may move to reopen his case, attaching to any such motion a proposed amended complaint which addresses the deficiencies of the complaint as stated in the Opinion accompanying this Order.

20090720

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