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Tim Mcgeachy v. John Doe #1 Warden Cover

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


June 2, 2011

TIM MCGEACHY, PETITIONER,
v.
JOHN DOE #1 WARDEN COVER, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Hon. Jose L. Linares

CLOSED

ORDER

For the reasons expressed in the Opinion filed herewith, IT IS on this 2nd day of June, 2011, ORDERED that the Clerk shall reopen the file, and shall make a new and separate docket entry reading "CIVIL CASE REOPENED;" and it is further 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 is dismissed for failure to state a claim upon which relief may be granted; and it is further ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk shall serve a copy of this Order by regular mail upon the Attorney General of the State of New Jersey and upon the Warden of Hudson County Correctional Center; 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; 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 further ORDERED that the Clerk shall serve this Order and the accompanying Opinion on Plaintiff by regular mail and shall re-close the file; and it is finally ORDERED that the Clerk shall make a new and separate docket entry reading "CIVIL CASE TERMINATED."

JOSE L. LINARES, U.S.D.J.

20110602

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