DEVALLE v. AVILES et al
| JUAN G. DEVALLE |
| OSCAR AVILES and MS. BREEMAN |
| 2:2023cv01381 |
| March 13, 2023 |
| US District Court for the District of New Jersey |
| Andre M Espinosa |
| Susan D Wigenton |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 24, 2023. A more recent docket listing may be available from PACER.
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Filing 6
SUMMONS ISSUED as to BREEMAN. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (sm)
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Three copies of the Complaint, Summons, USM-525 and Order were forwarded to the U.S. Marshal Services for service. (sm)
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Filing 5
ORDER that Plaintiffs application to proceed in forma pauperis [1-1] is GRANTED; that the Complaint [1, 1-2] shall be filed; that Plaintiff's Fourteenth Amendment Due Process Claim under 42 U.S.C. 1983 may proceed against Ms. Breeman; that Plaintiff's Fourteenth Amendment Due Process Claim under 42 U.S.C. 1983 against Oscar Aviles is DISMISSED without prejudice; pursuant to 28 U.S.C. 1915(b) and for purposes of account deduction only, the Clerk shall serve a copy of this Order by regular mail upon the Attorney General of the State of New Jersey and the warden of Hudson County Correctional Facility; that Plaintiff is assessed a filing fee of $350.00 and shall pay the entire filing fee in the manner set forth in this Order pursuant to 28 U.S.C. 1915(b)(1) and (2), regardless of the outcome of the litigation; that the Clerk of the Court shall provide Plaintiff with a copy of the USM-285 form; Plaintiff shall complete the form and return it to the Clerk of Court, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101; upon Plaintiffs sending of the completed form to the Clerk of the Court, the Clerk shall issue summons, and a United States Marshal shall serve a copy of the complaint (ECF No. 1), summons, and this Order upon Defendant Ms. Breeman, pursuant to 28 U.S.C. 1915(d), with all costs of service advanced by the United States; that Defendant Ms. Breeman 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); the Clerk of the Court shall serve a copy of this Order and the accompanying Memorandum Opinion upon Plaintiff by regular U.S. mail. Signed by Judge Susan D. Wigenton on 4/10/2023. (sm)
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Filing 4
MEMORANDUM OPINION. Signed by Judge Susan D. Wigenton on 4/10/2023. (sm)
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COMPLAINT #1 against BREEMAN, filed by JUAN G. DEVALLE. IFP Granted(sm) Modified on 4/10/2023 (sm).
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Filing 3
Letter from Juan Devalle. (sm)
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Filing 2
Notice of Guidelines for Appearing Pro Se (sms2)
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Filing 1
Complaint Received. (Attachments: #1 Application IFP, #2 Cover Letter, #3 Envelope)(sms2)
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