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Johnson v. Cape May County Correctional Facility

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


September 30, 2010

CHARLES H. JOHNSON, PLAINTIFF,
v.
CAPE MAY COUNTY CORRECTIONAL FACILITY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Robert B. Kugler

ORDER

For the reasons expressed in the Opinion filed herewith, IT IS on this 30th day of September , 2010, ORDERED that Plaintiff's application to proceed in forma pauperis is GRANTED and the Clerk shall file the Complaint; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk shall forward a copy of this Order by regular mail to the Attorney General of the State of New Jersey and the warden of Cape May County Correctional Facility; and it is further

ORDERED that the Complaint is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted; and it is further

ORDERED that Plaintiff is assessed a filing fee of $350.00 which shall be deducted from his prison 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)(1)(A), Plaintiff is assessed an initial partial filing fee equal to 20% of the average monthly deposits to the Plaintiff's prison account for the six month period immediately preceding the filing of the Complaint; when funds exist, the agency having custody of Plaintiff shall deduct said initial fee from Plaintiff's prison account and forward it to the Clerk; and it is further

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

ORDERED that the Clerk shall serve this Order upon Plaintiff, and close the file.

ROBERT B. KUGLER, U.S.D.J.

20100930

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