JUNKERT v. LAPPIN et al, No. 1:2009cv01647 - Document 3 (D.N.J. 2009)

Court Description: ORDERED that Plaintiffs Timothy Junkert, Scott Burhyte, and Michael Jackson are dismissed from this action. ORDERED that the Clerk of the Court shall open a new case for each of the dismissed Plaintiffs with the Complaint from this case. ORDERED that the Clerk shall assign each of the newly-opened cases to the same judge who is assigned to this case. ORDERED that the Clerk shall enter the Opinion and Order in this case on the docket in each of the newly-opened cases. ORDERED that the Clerk shall send each of the dismissed Plaintiffs a blank form Application to Proceed IFP and a blank form Complaint for use by a prisoner in filing a civil rights complaint. ORDERED that, within 30 days of the date of entry of this Order, each dismissed Plaint iff shall either remit the $350.00 filing fee or submit a completed and signed IFP application, etc., ORDERED that, within 30 days after entry of this Order, each of the dismissed Plaintiffs may indicate his intent to proceed with his claims. OR DERED that, if any dismissed Plaintiff fails to file such an Amended Complaint, or if any dismissed Plaintiff fails to submit an IFP application or pay the filing fee, such dismissed Plaintiff's Complaint shall be deemed withdrawn, and such dism issed Plaintiff's case shall be closed without further notice. ORDERED that if Plaintiff Charles Eickleberry wishes to reopen this action, he shall so notify the Court, in writing, within 30 days of the date of entry of this Order. Plaintiff 9;s writing shall include payment of the filing fee and a proposed amended complaint asserting his individual claims. ORDERED that the Clerk of the Court shall serve a copy of this Order upon all Plaintiffs by regular U.S. mail. Signed by Judge Noel L. Hillman on 04/08/2009. (dw1, ) Modified on 4/15/2009 (dw1, ). Modified on 4/30/2009 (drw, ). (COPY OF ORDER FILED IN 09-1556.)