Opinion
Civil Action No. 08-3361 (NLH).
August 6, 2008
ORDER CLOSED
For the reasons expressed in the Opinion filed herewith,
IT IS on this 6th day of August, 2008,
ORDERED that the Clerk of the Court shall re-open this matter for consideration of Plaintiff's application for leave to proceedin forma pauperis; and it is further
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 U.S. Attorney for the District of New Jersey and the warden of the Federal Correctional Institution at Fort Dix, New Jersey; and it is further
ORDERED that the Eighth Amendment claim is DISMISSED WITHOUT PREJUDICE for failure to state a claim; and it is further
ORDERED that the pendent state law claim for medical malpractice against St. Francis Medical Center is DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that Plaintiff is assessed a filing fee of $350.00 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 $350.00 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; and it is further
ORDERED that the Clerk of the Court shall re-close the file in this matter.