GOMEZ v. CORRECTIONAL MEDICAL SERVICES (CMS)
GOMEZ v. CORRECTIONAL MEDICAL SERVICES (CMS)
Trial Court Opinion
NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
RAFAEL D. GOMEZ, Plaintiff,
v. Civil Action No. 25-14035 (GC) (TJB) CORRECTIONAL MEDICAL SERVICES MEMORANDUM & ORDER (CMS), ef al, Defendants.
CASTNER, District Judge Plaintiff Rafael D. Gomez, a pretrial detainee, is proceeding pro se with a civil rights complaint (ECF No. 1 (“Complaint”)). Plaintiff has applied to proceed in forma pauperis (“IFP”) (ECF No. 1-1 (Application to Proceed [FP”}). Leave to proceed without prepayment of fees is authorized. See
28 U.S.C. § 1915. This case is subject to sua sponte screentng by the Court, and the Complaint will be screened in due course. IT IS, therefore, on this Cia f August, 2025, ORDERED as follows: , . J! day of August, as follows: ORDERED that Plaintiffs Application to Proceed IFP pursuant to
28 U.S.C. § 1915(ECF No. 1-1) is GRANTED; and it is further ORDERED that the Clerk of the Court shall mark the Complaint (ECF No. 1) as deemed filed; and it is further ORDERED that SUMMONS SHALL NOT ISSUE at this time as this Court’s sua sponte screening of Plaintiff’s Complaint has not yet been completed; and it is further
ORDERED that, pursuant to
28 U.S.C. § 1915(b) and for purposes of account deduction only, the Clerk shall serve a copy of this Memorandum and Order by regular mail upon the Attorney General of the State of New Jersey and the Warden of the Atlantic County Justice Facility; and it is further ORDERED that the time to serve process under Fed. R. Civ, P. 4Gm) is hereby extended to the date ninety (90) days after the Court permits the Complaint to proceed; and it is further ORDERED that Plaintiff is assessed a filing fee of $350.00 and shall pay the entire filing fee in the manner set forth in this Memorandum and Order pursuant to
28 U.S.C. § 1915(b)(1) and (2), regardless of the outcome of the litigation, meaning that if the Court dismisses the case as a result of its sua sponte screening, or Plaintiff's case is otherwise administratively terminated or closed, § 1915 does not suspend instaliment payments of the filing fee or permit refund to the prisoner of the filing fee, or any part of it, that has already been paid; and it is further ORDERED that pursuant to Bruce v. Samuels,
577 U.S. 82, 89-90(2016), if Plaintiff owes fees for more than one court case, whether to a district or appellate court, under the Prison Litigation Reform Act (“PLRA”) provision governing the mandatory recoupment of filing fees, Plaintiff's monthly income is subject to a simultaneous, cumulative 20% deduction for each case a court has mandated a deduction under the PLRA; i.e., Plaintiff would be subject to a 40% deduction if there are two such cases, a 60% deduction if there are three such cases, etc., until all fees have been paid in full; and it is further ORDERED that pursuant to
28 U.S.C. § 1915(b)(2), in each month that the amount in Plaintiff's account exceeds $10.00, the agency having custody of Plaintiff shall assess, deduct from Plaintiff’s account, and forward to the Clerk of the Court payment equal to 20% of the preceding month’s income credited to Plaintiff's account, in accordance with Bruce, until the $350.00 filing
fee is paid. Each payment shall reference the civil docket numbers of the actions to which the payment should be credited; and it is further ORDERED that the Clerk of the Court shall send a copy of this Memorandum and Order to Plaintiff by regular U.S. mail. /) /\ Lod it if LA il i fy b { Mi or GETTE CASTNER Uni ed States District Judge
Reference
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