Opinion
Civ. 21-14258 (PGS) (LHG)
11-08-2021
RANDY KAREEM WASHINGTON, Plaintiff, v. MARCUS O. HICKS, et al., Defendants.
MEMORANDUM AND ORDER
PETER G. SHERIDAN UNITED STATES DISTRICT JUDGE
Plaintiff is proceeding pro se with a civil rights complaint. Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. § 1915. This case is subject to sua sponte screening by this Court. The complaint will be screened in due course.
Therefore, IT IS this $ day of November, 2021, ORDERED the Clerk shall reopen this case; and it is further
ORDERED Plaintiffs application to proceed in forma pauperis is hereby granted; and it is further
ORDERED SUMMONS SHALL NOT ISSUE at this time as the Court's sua sponte screening has not yet been completed; and it is further
ORDERED the time to serve process under Fed.R.Civ.P. 4(m) is hereby extended to the date 90 days after the Court permits the Complaint to proceed; and it is further
ORDERED pursuant to 28 U.S.C. § 1915(b) and for purposes of account deduction only, 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 New Jersey State Prison; and it is further
ORDERED Plaintiff is assessed a filing fee of $350.00 and shall pay the entire filing fee in the manner set forth in this order pursuant to 28 U.S.C. § 1915(b)(1) and (2), regardless of the outcome of the litigation, meaning that if the Court dismisses the case as a result of its sua sponte screening, or Plaintiff s case is otherwise administratively terminated or closed, § 1915 does not suspend installment payments of the filing fee or permit refund to the prisoner of the filing fee, or any part of it, that has already been paid; and it is further
ORDERED pursuant to Bruce v. Samuels, 136 S.Ct. 627, 632 (2016), if Plaintiff owes fees for more than one court case, whether to a district or appellate court, under the Prison Litigation Reform Act (PLRA) provision governing the mandatory recoupment of filing fees, Plaintiff s monthly income is subject to a simultaneous, cumulative 20% deduction for each case a court has mandated a deduction under the PLRA; i.e., Plaintiff would be subject to a 40% deduction if there are two such cases, a 60% deduction if there are three such cases, etc., until all fees have been paid in full; and it is further
ORDERED pursuant to 28 U.S.C. § 1915(b)(2), in each month that the amount in Plaintiff s account exceeds $10.00, the agency having custody of Plaintiff shall assess, deduct from Plaintiff s account, and forward to the Clerk of the Court payment equal to 20% of the preceding month's income credited to Plaintiffs account, in accordance with Bruce, until the $350.00 filing fee is paid. Each payment shall reference the civil docket numbers of the actions to which the payment should be credited; and it is finally
ORDERED the Clerk shall send a copy of this order to Plaintiff by regular U.S. mail.