UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
July 20, 2009
PHILIP GREGORY MADDELIN, PLAINTIFF,
ATLANTIC COUNTY JUSTICE FACILITY, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Noel L. Hillman United States District Judge
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.
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