UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

 

:

JAMES L. ROUDABUSH, :

: Civil Action No. 11-980(SDW)

:

Plaintiff, :

:

v. : ORDER

:

UNITED STATES OF :

AMERICA, et al., :

:

Defendants. :

 :

The Court having considered Plaintiff’s application to proceed

in forma pauperis and file the complaint without prepayment of fees

pursuant to 28 U.S.C. § 1915; and the Court having screened the

complaint to determine whether dismissal is warranted pursuant to 28

U.S.C. § 1915(e)(2);

It is on this 14 day of July, 2011; th

ORDERED that Plaintiff may proceed in forma pauperis without

prepayment of the $350.00 filing fee pursuant to 28 U.S.C. § 1915(a);

and it is further

ORDERED that the Clerk of the Court is directed to file the

complaint in the above-captioned action; and it is further 

ORDERED that all claims against the United States of America,

the Burlington County Board of Chosen Freeholders, Senator Frank

Lautenberg, Governor Christie, John Keesler, Esq., Andrew

McDonnell,Esq., Commonwealth Attorney W. Neely, Esq., the Honorable

Haas, J.S.C. and the United States District Court for the District of

New Jersey shall be dismissed in their entirety; and it is further

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ORDERED that Plaintiff’s due process claim, interference with

the mail claim and retaliation claim shall be allowed to proceed at

this time; and it is further 

ORDERED that the Clerk of the Court shall issue summons, and the

United States Marshal shall serve a copy of the complaint, summons,

and this order upon Defendants pursuant to 28 U.S.C. § 1915(d), with

all costs of service advanced by the United States; and it is further

ORDERED that Defendants shall file and serve a responsive

pleading within the time specified in Federal Rule of Civil Procedure

12, pursuant to 42 U.S.C. § 1997e(g)(2); and it is further

ORDERED that all other claims are dismissed, without prejudice,

pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); 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

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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 at 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 $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.

s/Susan D. Wigenton 

SUSAN D. WIGENTON

United States District Judge

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