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Rahman v. Taylor

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


May 27, 2010

RONALD RAHMAN, PLAINTIFFS,
v.
ERIC TAYLOR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Jerome B. Simandle United States District Judge

ORDER

For the reasons expressed in the Opinion filed herewith,

IT IS on this 27th day of May , 2010,

ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted pursuant to 28 U.S.C. § 1915(a) and (b); and it is further

ORDERED that the Clerk of the Court shall file the Complaint without prepayment of fees or security; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk shall serve a copy of this Order by regular mail upon the Attorney General of the State of New Jersey and the warden of Federal Medical Center Devens; and it is further

ORDERED that the claims against the New Jersey Commissioner of Health and the New Jersey Department of Health are DISMISSED WITH PREJUDICE; and it is further

ORDERED that the Complaint as to the remaining Defendants is DISMISSED WITHOUT PREJUDICE; and it is further

ORDERED that Plaintiff may file a motion to re-open, which must be accompanied by a proposed amended complaint which complies with the pleading requirements of the Federal Rules of Civil Procedure, within 30 days after entry of this Order; and it is further

ORDERED that Plaintiff is assessed a filing fee of $350.00 which shall be deducted from Plaintiff's institutional account pursuant to 28 U.S.C. § 1915(b)(2) in the manner set forth below, regardless of the outcome of the litigation; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), until the $350.00 fee is paid, each month that the amount in Plaintiff's prison account exceeds $10.00, the agency having custody of Plaintiff shall assess, deduct from his institutional account, and forward to the Clerk payments equal to 20% of the preceding month's income credited to Plaintiff's institutional account, with each payment referencing the civil docket number of this action.

20100527

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