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Burns v. State

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


July 1, 2010

MICHAEL C. BURNS, RASHON HIGH, AND JASON KINDLE, PLAINTIFFS,
v.
STATE OF NEW JERSEY, ET AL., DEFENDANTS.

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

ORDER

(CLOSED)

The Court having considered Plaintiffs' applications to proceed in forma pauperis and file the complaint without prepayment of fees pursuant to 28 U.S.C. § 1915; and the Court finding that Plaintiffs have filed complete, separate in forma pauperis applications; and the Court having screened the complaint to determine whether dismissal is warranted pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A; and for the reasons set forth in this Court's Opinion filed herewith;

It is on this 1st day of JULY, 2010,

ORDERED that Plaintiffs 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 for the State of New Jersey and on the warden of the Camden County Correctional Facility; and it is further

ORDERED that Plaintiff Rashon High 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 Rashon High's accounts exceeds $10.00, until the $350.00 filing fee is paid, the agency having custody of plaintiff Rashon High 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 Jason Kindle 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 Jason Kindle's respective accounts exceeds $10.00, until the $350.00 filing fee is paid, the agency having custody of plaintiff Jason Kindle 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 finally

ORDERED that the instant complaint is hereby dismissed 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).

At Camden, New Jersey

20100701

© 1992-2010 VersusLaw Inc.



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