SCOTT v. CONWAY et al
Filing
3
MEMORANDUM and ORDER IFP is DENIED and Clerk shall administratively terminate this case. ORDERED Clerk shall send Plaintiff a copy of this Order and a blank IFP application. Signed by Judge Noel L. Hillman on 1/6/2012. (nz, )n.m.
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ANTHONY SCOTT,
Plaintiff,
v.
CRAIG CONWAY, et al.,
Defendants.
Plaintiff,
currently
:
:
:
:
:
:
:
:
:
:
:
:
:
Civil No. 11-6095 (NLH)
MEMORANDUM AND ORDER
confined
at
Mid-State
Correctional
Facility in Wrightstown, New Jersey, seeks to bring a civil action
in
forma
asserting
pauperis,1
claims
without
pursuant
to
prepayment
42
U.S.C.
of
fees
§
1983.
or
security,
The
Prison
Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321
(April 26, 1996) (the “Act”), which amends 28 U.S.C. § 1915,
establishes certain financial requirements for prisoners who are
attempting to bring a civil action or file an appeal in forma
pauperis.
Under the Act, a prisoner bringing a civil action in forma
pauperis must submit an affidavit, including a statement of all
assets, which states that the prisoner is unable to pay the fee.
28 U.S.C. § 1915(a)(1).
1
The prisoner also must submit a certified
Suits brought in forma pauperis are governed by 28 U.S.C.
§ 1915.
1
copy of his inmate trust fund account statement for the 6-month
period immediately preceding the filing of his complaint.
U.S.C. § 1915(a)(2).
28
The prisoner must obtain this statement from
the appropriate official of each prison at which he was or is
confined.
Id.
Even if the prisoner is granted in forma pauperis status, the
prisoner must pay the full amount of the $350 filing fee.
U.S.C. § 1915(b)(1).
28
In each month that the amount in the
prisoner’s account exceeds $10.00, until the $350.00 filing fee is
paid, the agency having custody of the prisoner shall assess,
deduct from the prisoner’s account, and forward to the Clerk of the
Court payment equal to 20% of the preceding month’s income credited
to the prisoner’s account.
28 U.S.C. § 1915(b)(2).
Plaintiff may not have known when he submitted his complaint
that he must pay the filing fee, and that even if the full filing
fee, or any part of it, has been paid, the Court must dismiss the
case if it finds that the action is: (1) frivolous or malicious;
(2) fails to state a claim upon which relief may be granted; or (3)
seeks monetary relief against a defendant who is immune from such
relief.
28 U.S.C. § 1915(e)(2)(B).
If the Court dismisses the
case for any of these reasons, the Act does not permit the prisoner
to get his filing fee back.
If the prisoner has, on three or more prior occasions while
incarcerated, brought an action or appeal in a court that was
2
dismissed on any of the grounds listed above, he cannot bring
another action in forma pauperis unless he is in imminent danger of
serious physical injury.
28 U.S.C. § 1915(g).
In this case, Plaintiff failed to submit a complete in forma
pauperis application as required by 28 U.S.C. § 1915(a)(1),(2).
THEREFORE, it is on this 6th
day of January
, 2012;
ORDERED that Plaintiff’s application to proceed in forma
pauperis is hereby DENIED, without prejudice; and it is further
ORDERED that the Clerk of the Court shall administratively
terminate this case, without filing the complaint or assessing a
filing fee; Plaintiff is informed that administrative termination
is not a “dismissal” for purposes of the statute of limitations,
and that if the case is reopened, it is not subject to the statute
of limitations time bar if it was originally filed timely, see
Houston v. Lack, 487 U.S. 266 (1988)(prisoner mailbox rule);
McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996);
see also Williams-Guice v. Board of Education, 45 F.3d 161, 163
(7th Cir. 1995); and it is further
ORDERED that the Clerk of the Court shall send Plaintiff a
blank form application to proceed in forma pauperis; and it is
further
ORDERED that if Plaintiff wishes to reopen this case, he shall
so notify the Court, in writing addressed to the Clerk of the
Court, Mitchell H. Cohen Building and U.S. Courthouse, Fourth and
3
Cooper Streets, Camden, New Jersey, 08101, within 30 days of the
date of entry of this Order; Plaintiff’s writing shall include
either (1) a complete, signed in forma pauperis application,
including a certified six-month prison account statement, or (2)
the $350 filing fee; and it is further
ORDERED that upon receipt of a writing from Plaintiff stating
that he wishes to reopen this case, and either a complete in forma
pauperis application or filing fee within the time allotted by this
Court, the Clerk of the Court will be directed to reopen this case;
and it is finally
ORDERED that the Clerk of the Court shall serve a copy of this
Order upon Plaintiff by regular U.S. mail.
At Camden.
/s/ Noel L. Hillman
NOEL L. HILLMAN
United States District Judge
Dated: January 6, 2012
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?