UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
December 1, 2009
JOHN MERCADO, PLAINTIFF,
CAMDEN COUNTY CORRECTIONAL 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);
It is on this 1ST day of December , 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 the Clerk of the Court shall serve a copy of this order by regular mail on the Attorney General of New Jersey and on the warden of the Camden County Correctional Facility; and it is further
ORDERED that Plaintiff is assessed a filing fee of $350.00 and shall pay the entire filing fee in the manner set forth in this order pursuant to 28 U.S.C. § 1915(b)(1) and (2), regardless of the outcome of the litigation; and it is further
ORDERED that in each month that the amount in Plaintiff's account exceeds $10.00, until the $350.00 filing fee is paid, the agency having custody of the Plaintiff shall assess, deduct from Plaintiff's account, and forward to the Clerk of the Court payment equal to 20% of the preceding month's income credited to Plaintiff's account, pursuant to 28 U.S.C. § 1915(b)(2), and each payment shall reference the civil docket number of this action; and it is further
ORDERED that Plaintiff's medical care claim shall be DISMISSED, without prejudice; and it is further
ORDERED that defendant Camden County Correctional Facility is hereby DISMISSED from this action, with prejudice; 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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