UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

_______________________________

 :

RAFAEL FONTANEZ, :

 : Civil Action No. 

Plaintiff, : 11-2573 (RMB)

 :

v. : 

 :

ABIGAIL LOPEZ et al., : ORDER

 :

Defendants. :

_______________________________:

 

For the reasons expressed in the Memorandum Opinion filed

herewith,

IT IS on this 20th day of November 2012,

ORDERED that the Clerk shall reopen this matter for the

purposes of this Court’s examination of Plaintiff’s amended

complaint, Docket Entry No. 9, by making a new and separate entry

on the docket reading, “CIVIL CASE REOPENED”; and it is further

ORDERED that Plaintiff’s allegations raised under Bivens v.

Six Unknown Named Agents, 403 U.S. 388 (1971), are dismissed with

prejudice for failure to state a claim upon which relief can be

granted; and it is further

ORDERED that Plaintiff’s allegations raised under the Federal

Tort Claims Act on the basis of conducts of Defendants Lopez and

Sulayman are dismissed with prejudice for failure to state a claim

upon which relief can be granted; and it is further

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ORDERED that Plaintiff’s allegations raised under the Federal

Tort Claims Act on the basis of conducts of Defendants Burton and

Elias may proceed past the sua sponte dismissal stage; and it is

further

ORDERED that the Clerk shall terminate Defendants Lopez,

Sulayman, Burton and Elias as Defendants in this action; and it is

further

ORDERED that the Clerk shall add the United States as a

Defendant in this action; and it is further

ORDERED that the Clerk shall serve a copy of this Order by

regular mail on the United States Attorney for the District of New

Jersey and on the warden of the place of Plaintiff’s current

confinement; 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 amended

complaint, Docket Entry No. 9, summons, this Order and the

Memorandum Opinion filed herewith upon the Federal Bureau of

Prisons being a presumed representative of the United States,

pursuant to 28 U.S.C. § 1915(d), with all costs of service advanced

by the United States; and it is further

ORDERED that the United States 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

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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 expressly advised that such appointment is neither

guaranteed nor 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 finally

ORDERED that, if at any time the Plaintiff seeks the

appointment of pro bono counsel, pursuant to Fed. R. Civ. P. 5(a)

and (d), plaintiff 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. 

 

s/Renée Marie Bumb 

RENÉE MARIE BUMB,

United States District Judge

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