HARRIS v. LESZCHYN - Document 3

-JS HARRIS v. LESZCHYN Doc. 3 CLOSED UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : : : : : : : : : BROOKS GREGORY HARRIS, Plaintiff, v. HARRY W. LESZCHYN, JR., Defendant. Civil No. 10-3326 (RBK) ORDER For the reasons expressed in the Opinion filed herewith, IT IS on this 26th 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 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 forward a copy of this Order by regular mail to the Attorney General of the State of New Jersey and the warden of Salem County Correctional Facility; 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 Dockets.Justia.com  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 and the accompanying Opinion upon Plaintiff, and shall close the file. s/Robert B. Kugler KUGLER, ROBERT B., U.S.D.J. 2