Calhoun v. Vicari

Full title: JAMES L. CALHOUN, Plaintiff, v. JOE VICARI, et al., Defendants

Court: United States District Court, D. New Jersey

Date published: Sep 26, 2005

Civil Action No. 05-4167 (GEB) (D.N.J. Sep. 26, 2005)

Opinion

Civil Action No. 05-4167 (GEB).

September 26, 2005

ORDER

GARRETT BROWN JR., District Judge

For the reasons expressed in the Opinion filed herewith,

IT IS on this 23^rd day of September, 2005,

ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted pursuant to 28 U.S.C. § 1915 (a) and (b); and it is further

ORDERED that the Clerk of the Court shall file the Complaint without prepayment of fees or security; 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 the warden of the Ocean County Jail; and it is further

ORDERED that the claims for failure to prosecute, and for failure to adequately train and supervise, are DISMISSED WITH PREJUDICE as against Defendants Kelaher, Mahony, and Hess; and it is further

ORDERED that Plaintiff may file an Amended Complaint addressing the deficiencies of his Complaint any time within 45 days from the date this Order is entered; and it is further

ORDERED that if Plaintiff does not file an amended complaint within the above 45-day period, the Court will enter an Order dismissing the Complaint with prejudice pursuant to 28 U.S.C. §§ 1915 (e) (2) (B) (ii) and 1915A (b) (1), and ordering the Clerk to close the Court's file for this action; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915 (e) (1) and § 4 (a) of Appendix H of the Local Civil Rules, the Clerk shall notify Plaintiff of the opportunity to apply in writing to the assigned judge for the appointment of pro bono counsel in accordance with the factors set forth in Tabron v. Grace, 6 F.3d 147 (3d Cir. 1993), cert. denied, 510 U.S. 1196 (1994), which sets forth the requirements for eligibility for appointment of pro bono counsel. Plaintiff is advised that such appointment is not automatic; and it is further

ORDERED that the Clerk shall enclose with such notice a copy of Appendix H and a form Application for Appointment of Pro Bono Counsel; and it is further

ORDERED that, if at any time Plaintiff seeks the appointment of pro bono counsel, pursuant to Fed.R.Civ.P. 5(a) and (d), Plaintiff shall (1) serve a copy of the application for Appointment of Pro Bono Counsel by regular mail upon each party at his last known address or, if the party is represented in this action by an attorney, upon the party's attorney and the attorney's address, and (2) file a Certificate of Service with the Application for Pro Bono Counsel; and it is further

ORDERED that Plaintiff is assessed a filing fee of $250.00 which shall be deducted from Plaintiff's institutional account pursuant to 28 U.S.C. § 1915 (b) (2) in the manner set forth below, regardless of the outcome of the litigation; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915 (b) (2), until the $250.00 fee is paid, each month that the amount in Plaintiff's prison account exceeds $10.00, the agency having custody of Plaintiff shall assess, deduct from his institutional account, and forward to the Clerk payments equal to 20% of the preceding month's income credited to Plaintiff's institutional account, with each payment referencing the civil docket number of this action.