UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

_______________________________

 :

JOHN DIAZ, :

 : Civil Action No. 

Plaintiff, : 10-3932 (JBS)

 :

v. : O R D E R 

 :

CUMBERLAND COUNTY JAIL, :

 :

Defendant. :

_______________________________:

 

For the reasons expressed in the Opinion filed herewith,

IT IS on this 23rd day of September 2010,

ORDERED that Plaintiff's application to proceed in forma

pauperis is granted, and the Clerk shall file the Complaint

without prepayment of the filing fee; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(b), the Clerk

shall serve a copy of this Order upon the Attorney General of the

State of New Jersey and upon the Warden of Plaintiff’s current

place of 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, regardless of

the outcome of the litigation; and it is further

ORDERED that, pursuant to 28 U.S.C. § 1915(b)(1)(A),

Plaintiff is assessed an initial partial filing fee equal to 20%

of the average monthly deposits to the Plaintiff's prison account

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for the six month period immediately preceding the filing of the

Complaint; when funds exist, the New Jersey Department of

Corrections shall deduct said initial fee from Plaintiff’s prison

account and forward it to the Clerk; 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 New Jersey

Department of Corrections shall assess, deduct from the

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 docket number

of this action; and it is further

ORDERED that the Clerk shall serve copies of this Order and

Opinion filed herewith upon Plaintiff by regular mail; and it is

further

ORDERED that the Complaint is DISMISSED; such dismissal is

with prejudice with regard to all claims against Defendant

Cumberland County Jail, and also with regard to Plaintiff’s

claims asserting denial of request to file a criminal complaint

and Plaintiff’s housing in cells without running water. 

Plaintiff’s remaining claims asserting denial of recreation,

denial of legal phone calls and retaliatory actions by jail

officials are dismissed without prejudice to curing defects in an

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Amended Complaint in accordance with the accompanying Opinion;

and it is further

ORDERED that the Clerk shall administratively terminate this

matter by making a new and separate entry on the docket reading

“CIVIL CASE TERMINATED”; and it is further

ORDERED that Plaintiff may have this matter reopened in the

event Plaintiff files, within thirty days from the date of entry

of this Order, Plaintiff’s amended complaint detailing, in

accordance with guidance provided to Plaintiff in the Opinion

filed herewith, Plaintiff’s claims asserting denial of

recreation, denial of legal phone calls and retaliatory actions

by jail officials; and it is finally

ORDERED that, if Plaintiff timely files such amended

complaint, the Court will direct the Clerk to reopen this matter

and will screen Plaintiff’s amended complaint.

 s/ Jerome B. Simandle 

JEROME B. SIMANDLE

 United States District Judge

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