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Philip A. Bonadonna v. United States of America

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


May 31, 2011

PHILIP A. BONADONNA, PETITIONER,
v.
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claims in the newly-opened civil action, within 30 days after entry of this Order, this Court shall deem the complaint withdrawn and shall close the newly-filed civil action without prejudice.

20110531

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