UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
May 31, 2011
PHILIP A. BONADONNA, PETITIONER,
UNITED STATES OF AMERICA, ET AL., RESPONDENTS.
The opinion of the court was delivered by: Jerome B. Simandle United States District Judge
ORDER : (CLOSED)
For the reasons set forth in the Opinion filed herewith, IT IS on this 31st day of May , 2011, ORDERED that this Petition is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction; and it is further ORDERED that the Clerk of the Court shall open a new civil action and shall docket this Petition as a Complaint received therein; and it is further ORDERED that the Clerk of the Court shall docket a copy of this Order and the accompanying Opinion in the newly-opened civil action; and it is further ORDERED that the Clerk of the Court shall send Petitioner a blank form Application for leave to proceed in forma pauperis and a blank form Complaint to be used by a prisoner in filing a civil rights complaint; and it is further ORDERED that Petitioner may indicate his desire to proceed with his claims in the newly-opened civil action by submitting to the Court, in the newly-opened action, within 30 days after entry of this Order, (1) an amended complaint and (2) either the $350 filing fee or a complete Application for leave to proceed in forma pauperis, including the required six-months institutional account statement; and it is finally ORDERED that if Petitioner fails to make such submissions to the Court, to indicate his desire to proceed with his claims in the newly-opened civil action, within 30 days after entry of this Order, this Court shall deem the complaint withdrawn and shall close the newly-filed civil action without prejudice.
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