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Edelen v. Plainfield Board of Education

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


July 22, 2010

CHARLES H. EDELEN, JR., PLAINTIFF,
v.
PLAINFIELD BOARD OF EDUCATION, DEFENDANT.

The opinion of the court was delivered by: Stanley R. Chesler, U.S.D.J.

ORDER

Plaintiff seeks to file a Complaint without prepayment of fees pursuant to 28 U.S.C. § 1915. Based on his affidavit of poverty, the Court finds that Plaintiff qualifies for in forma pauperis status pursuant to 28 U.S.C. § 1915. Having thoroughly reviewed Plaintiff's allegations, the Court finds that sua sponte dismissal of the Complaint is not required by 28 U.S.C. § 1915(e)(2)(B) at this stage of the proceeding.

IT IS therefore on this 22ND day of July, 2010, ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted and the Clerk shall file the Complaint without prepayment of the filing fee; and it is further

ORDERED that the Complaint may proceed past sua sponte dismissal; and it is further ORDERED that, pursuant to 28 U.S.C. § 1915(d), the Clerk shall issue summons and the United States Marshal shall serve summons and copies of the Complaint and this Order upon Defendants, with all costs of service advanced by the United States.

20100722

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