UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

COREY M. ARMSTEAD, : 

 : Civil Action No. 11-1740 (PGS)

Plaintiff, : 

 :

 :

v. : ORDER

 : 

ADMIN. DONALD MEE, et al., :

 :

Defendants. :

For the reasons expressed in the Court’s Opinion filed 

herewith,

It is on this 9 day of May, 2011, th

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

application by plaintiff, Corey M. Armstead, to proceed in forma

pauperis is hereby granted; and it is further

ORDERED that the Clerk of the Court is directed to 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 by regular mail on the Attorney

General of the State of New Jersey and on the Warden at the South

Woods State Prison in Bridgeton, New Jersey, where plaintiff was

confined at the time he filed this Complaint; and it is further

ORDERED that plaintiff is assessed a filing fee of $350.00

which shall be deducted from plaintiff’s prison account pursuant

to 28 U.S.C. § 1915(b)(2) in the manner set forth below,

Case 2:11-cv-01740-CCC-JAD Document 3 Filed 05/09/11 Page 1 of 4 PageID: 35
regardless of the outcome of the litigation, in the event

plaintiff is still confined and has not been released from

prison; 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, to the extent that plaintiff is still confined, shall

assess, deduct from his 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

civil docket number of this action; and it is further

ORDERED that the Complaint is DISMISSED WITHOUT PREJUDICE,

in its entirety, as against the named defendant Administrator

Donald Mee, for failure to state a claim at this time, pursuant

to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1); and it is

further

ORDERED that plaintiff’s claim asserting false disciplinary

charges is DISMISSED WITH PREJUDICE, as against all named

defendants, for failure to state a claim upon which relief may be

granted; and it is further 

ORDERED that plaintiff’s claims asserting Eighth Amendment

violations of excessive force and failure to protect shall

proceed at this time as against the remaining defendants, SCO

William Egan, SCO Dominick Auriemma, Lt. Pasquale Capozzoli and

Sgt. Anthony DeVito; and it is further

2

Case 2:11-cv-01740-CCC-JAD Document 3 Filed 05/09/11 Page 2 of 4 PageID: 36
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 the remaining defendants, SCO

William Egan, SCO Dominick Auriemma, Lt. Pasquale Capozzoli and

Sgt. Anthony DeVito, 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 remaining 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, 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 454 (3d Cir.

1993), cert. denied, 510 U.S. 1196 (1994), which sets forth the

requirements for eligibility for appointment of pro bono counsel

(in this regard, 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 shall (1) serve a copy of the Application for

3

Case 2:11-cv-01740-CCC-JAD Document 3 Filed 05/09/11 Page 3 of 4 PageID: 37
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

plaintiff’s Application for Pro Bono Counsel.

s/Peter G. Sheridan 

PETER G. SHERIDAN, U.S.D.J. 

May 9, 2011

4

Case 2:11-cv-01740-CCC-JAD Document 3 Filed 05/09/11 Page 4 of 4 PageID: 38