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Morrison v. Brantley

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


February 8, 2010

ARTHUR MORRISON, PETITIONER,
v.
HAROLD G. BRANTLEY, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Dickinson R. Debevoise United States District Judge

ORDER

(CLOSED)

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

It is on this 8th day of February, 2010;

ORDERED that Petitioner 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 United States Attorney for the State of California and on warden of the Federal Correctional Institution, Terminal Island, CA; and it is further

ORDERED that Petitioner 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 Petitioner's account exceeds $10.00, until the $350.00 filing fee is paid, the agency having custody of the petitioner shall assess, deduct from Petitioner's account, and forward to the Clerk of the Court payment equal to 20% of the preceding month's income credited to Petitioner'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 Petitioner's petition is hereby dismissed for lack of jurisdiction; and it is finally

ORDERED that the Clerk of the Court shall close this case.

20100208

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