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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

____________________________________
:
TIM VAWTER :
:
:
Plaintiff, : Civil Action No. 09-3803 (JAP)
:
v. : ORDER
:
FEDERAL GOVERNMENT, :
:
Defendants. :
:
___________________________________ :

Presently before the Court is Plaintiff’s application pursuant to 28 U.S.C. § 1915 to

proceed without the prepayment of filing fees. In support of his request, Plaintiff has submitted

an “Application To Proceed Without Prepayment of Fees and Affidavit,” on form AO 240 issued

by the Administrative Office of the U.S. Courts. The form submitted by Plaintiff is the “short

form” application, in which Plaintiff has declared under penalty of perjury that he is unable to

pay the cost of these proceedings and that he has not received money from any sources other than

self-employment in the twelve months prior to July 27, 2009. The Administrative Office has

recently issued a “long form” application, AO 239, which requires the Plaintiff to provide more

detailed information about his financial circumstances, and which will allow the Court to more

accurately assess the merits of Plaintiff’s application. Consequently,

IT IS on this 3rd day of September, 2009,

ORDERED Plaintiff’s application to proceed without the prepayment of costs is

DENIED WITHOUT PREJUDICE, and it is further


ORDERED that the Clerk forward to Plaintiff a copy of AO 239, the “long form”

“Application to Proceed in District Court Without Prepaying Fees or Costs” (this form is also

available through the District Court’s web page), and it is further

ORDERED that Plaintiff submit an updated “long form” application or the requisite

filing fee within 25 days of the date of this Order. Failure to submit an updated application or

appropriate fee within that time will result in dismissal of the complaint; and it is futher

ORDERED that Plaintiff’s application for a preliminary injunction [#2] is DENIED

WITHOUT PREJUDICE and may be renewed by Plaintiff upon the filing1 of Plaintiff’s

complaint.

/s/ JOEL A. PISANO


United States District Judge

1
A complaint is not deemed “filed” until a filing fee is paid or an application to proceed
without the prepayment of filing fees is granted.

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