Opinion
Civil Action No. 08-1990 (DMC).
May 5, 2008
MEMORANDUM ORDER
Plaintiff seeks to file his complaint in forma pauperis without prepayment of fees pursuant to 28 U.S.C. § 1915. Plaintiff duly applied to prosecute this matter in forma pauperis.
Plaintiff duly submitted his application to prosecute this matter in forma pauperis. Based on his affidavit of indigence and the absence of three qualifying dismissals within 28 U.S.C. § 1915(g), the Court will grant Plaintiff's application to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915(a) (1998) and order the Clerk of the Court to file the instant Complaint.
IT IS APPEARING THAT: 42 U.S.C. § 1983See 28 U.S.C. § 2254See 42 U.S.C. § 1983See 42 U.S.C. § 1983See i.e. See generally See e.g. Kentucky v. Graham 473 U.S. 159 169 Pennhurst State School and Hospital v. Halderman 465 U.S. 89 100 Quern v. Jordan 440 U.S. 332 Edelman v. Jordan 415 U.S. 651 663 Beaver v. Burlington County Det. Ctr. 2008 U.S. Dist. LEXIS 18978Mt. Healthy City Bd. of Ed. V. Doyle 429 U.S. 274 280 Callahan v. Philadelphia 207 F.3d 668 670-74 Kelly v. Municipal Courts 97 F.3d 902 907-08 Franceschi v. Schwartz 57 F.3d 828 831 Knight v. City of Margate 86 N.J. 374 385 State v. Garcia 297 N.J. Super. 108 123-24 2B:12-17 2B:12-18Younger v. Harris 401 U.S. 37 See Middlesex County Ethics Committee v. Garden State Bar Ass'n 457 U.S. 423 431
Plaintiff further elaborates on his claims stating that "Honorable Falcone in a corrupted manner did neglect to accordingly dispose motion or grant hearing as for disposition, violating Due Process Clause of equal protection as to enlarge the process until elapse of present sentence of 364 days for then proceed to hear motion by deprived [Plaintiff] of constitutional right as done to other [inmates], he is abusing discretion of authority of judiciary and neglect legal document of relief sought therein." Docket Entry No. 1, ¶ 8. This Court's best guess as to the meaning of the foregoing statement is that Plaintiff believes as follows: (a) Plaintiff will necessarily be convicted on the charges currently pending before Judge Falcone; (2) Judge Falcone will necessarily sentence Plaintiff to a certain period of imprisonment; (3) had Judge Falcone so sentenced Plaintiff during Plaintiff's current incarceration (based on his shoplifting charges), Judge Falcone would necessarily impose a sentence running concurrently with Plaintiff's current sentence of 364 days, hence enabling Plaintiff to serve the sentence based on the charges currently pending in North Bergen Township simultaneously with his current shoplifting sentence; and (4) in the event Judge Falcone sentences Plaintiff on his North Bergen criminal charges after Plaintiff completes his shoplifting sentence (or closer to the end of that shoplifting sentence), Plaintiff would have to actually serve all or part of the sentence imposed by Judge Falcone. Therefore, Plaintiff is asserting a lack of speedy trial claim against Judge Falcone.
Plaintiff's claims in the instant matter are substantively identical to Plaintiff's claims stated against the municipal judges at the City of Union City and examined extensively by Judge Martini in Civil Action No. 08-1648 (WJM).
ORDERED that Plaintiff's application to proceed in forma pauperis is hereby granted; and it is further
ORDERED that the Clerk of the Court shall file the complaint without prepayment of the filing fee; and it is further
ORDERED that Plaintiff's claims are dismissed with prejudice; and it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk of the Court shall forward copies of this order by regular U.S. mail to the Attorney General of the State of New Jersey and the warden of the place of Plaintiff's current confinement; 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 and, 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 of the Court; 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 the plaintiff shall assess, deduct from Plaintiff's account, and forward to the Clerk of the Court 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 a copy of this Order upon Plaintiff by regular U.S. mail and close the file in this matter.