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Kirkpatrick v. Gilley

United States District Court, D. New Jersey
Jan 25, 2001
Civil No. 00-5235 (JBS) (D.N.J. Jan. 25, 2001)

Opinion

Civil No. 00-5235 (JBS).

January 25, 2001


ORDER


For the reasons expressed in the Opinion filed herewith,

IT IS on this day of, 2001,

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 United States Attorney for the District of New Jersey and upon the Warden of F.C.I. Fairton; and it is further

ORDERED that the Complaint is DISMISSED for lack of subject matter jurisdiction; and it is further

ORDERED that Plaintiff is assessed a filing fee of $150.00 which shall be deducted from his prison 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 Plaintiff is assessed an initial partial filing fee payment of $10.48; when funds exist, the Bureau of Prisons shall deduct said payment from Plaintiff's prison account and forward it to the Clerk of the Court pursuant to 28 U.S.C. § 1915(b)(1)(A); and it is finally

ORDERED that, pursuant to 28 U.S.C. § 1915(b)(2), until the $150.00 fee is paid, each subsequent month that the amount in Plaintiff's prison account exceeds $10.00, the Bureau of Prisons shall assess, deduct from 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 civil docket number of this action.


Summaries of

Kirkpatrick v. Gilley

United States District Court, D. New Jersey
Jan 25, 2001
Civil No. 00-5235 (JBS) (D.N.J. Jan. 25, 2001)
Case details for

Kirkpatrick v. Gilley

Case Details

Full title:MICHAEL JOSEPH KIRKPATRICK, Plaintiff, v. DAN GILLEY, etc., et al.…

Court:United States District Court, D. New Jersey

Date published: Jan 25, 2001

Citations

Civil No. 00-5235 (JBS) (D.N.J. Jan. 25, 2001)