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08-1855 - GARCIA v. AVILES et al


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08-1855 - GARCIA v. AVILES et al
May 2, 2008
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OPINION. Signed by Judge Jose L. Linares on 4/30/08. (jd, )
May 2, 2008
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ORDER Granting IFP and directing Clerk to file the complaint; ORDERED that certification of Plaintiffs' putative class is DENIED without prejudice ORDERED that Plaintiff Garcia's claims based on failure to release inmates after expiration of their prison terms, failure to enter detainers into the Facility's records, denial of role-model like social workers, illegal profiteering by the Facility officials, and failure to serve meals suiting Plaintiff Garcia's palate are DISMISSED; ORDERED that Plaintiff Garcia's claims based on denial of access to courts, conditions of confinement and denial of medical care are DISMISSED without prejudice; ORDERED that Plaintiff may file an amended complaint, if he so desires, within thirty (30) days from the date of entry this Order, ORDERED that, in the event Plaintiff Garcia elects to file an amended pleading, he shall state the facts upon which he bases these claims ORDERED that the Clerk of the Court shall notify Plaintiff of the opportunity to apply in writing to the assigned judge for the appointment of pro bono counsel; ORDERED that the Clerk of the Court shall enclose which such notice a copy of Appendix H and a form Application for Appointment of Pro Bono Counsel; ORDERED that if at any time Plaintiff Garcia seeks the Appointment of pro bono counsel, Plaintiff shall serve a copy of the Application of Pro Bono Counsel by regular mail upon each party at his last known address and file a Certificate of Service with the Application for Pro Bono Counsel; ORDERED that the Clerk of the Court shall forward copies of this order by regular U.S. mail to the Attorney General of the State of New Jersey and the warden of the Plaintiff Garcia's current confinement; ORDERED that Plaintiff Garcia is assessed a filing fee of $350.00, which shall be deducted from his prison account in the manner set forth below; ORDERED that Plaintiff Garcia is assessed an initial partial filing fee and when funds exist, the agency shall deduct said initial fee from Plaintiff Garcia's prison account and forward it to the Clerk of the Court; ORDERED that the Clerk shal serve copies of this Order and Opinion filed herewith upon Plaintiff by regular U.S. mail, and administratively terminate this matter subject to reopening in the event Plaintiff Garcia timely files his amended pleading; ORDERED that the Clerk of the Court shall send by regular U.S. mail individual packages addressed to signitories of Plaintiff Garcia's instant complaint, and that such package shall include a copy of this Order, a blank civil rights form and an aplication to proceed in forma pauperis in a 1983 action, and these packages shall be addressed to the following inmates located at the following addresses listed below. Signed by Judge Jose L. Linares on 4/30/2008. (ld, )