PETERSON v. CAPE MAY CCC et al
Filing
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MEMORANDUM OPINION. Signed by Judge Robert B. Kugler on 7/18/2012. (nz, )n.m.
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ROBERT PETERSON,
Plaintiff,
v.
CAPE MAY COUNTY CORRECTIONAL
CENTER, et al.,
Defendants.
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Civil Action No. 12-2545 (RBK)
MEMORANDUM OPINION
APPEARANCES:
Plaintiff pro se
Robert Peterson
Southern State Correctional Facility
Delmont, NJ 08214
KUGLER, District Judge
Plaintiff Robert Peterson, a prisoner confined at Southern
State Correctional Facility in Delmont, New Jersey, seeks to
bring this civil action in forma pauperis, without prepayment of
fees or security, asserting claims pursuant to 42 U.S.C. § 1983.
Civil actions brought in forma pauperis are governed by 28
U.S.C. § 1915.
The Prison Litigation Reform Act of 1995, Pub. L.
No. 104-135, 110 Stat. 1321 (April 26, 1996) (the “PLRA”), 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 PLRA, a prisoner seeking to bring a civil action
in forma pauperis must submit an affidavit, including a statement
of all assets and liabilities, which states that the prisoner is
unable to pay the fee.
28 U.S.C. § 1915(a)(1).
The prisoner
also must submit a certified copy of his inmate trust fund
account statement(s) for the six-month period immediately
preceding the filing of his complaint.
28 U.S.C. § 1915(a)(2).
The prisoner must obtain this certified statement from the
appropriate official of each correctional facility at which he
was or is confined during such six-month period.
Id.1
Even if the prisoner is granted in forma pauperis status,
the prisoner must pay the full amount of the $350 filing fee in
installments.
28 U.S.C. § 1915(b)(1).
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 an installment payment equal to
20 % of the preceding month’s income credited to the prisoner’s
account.
28 U.S.C. § 1915(b)(2).
If the prisoner has, on three or more prior occasions while
incarcerated, brought in federal court an action or appeal that
was dismissed on the grounds that it was frivolous or malicious,
or that it failed to state a claim upon which relief may be
granted, he cannot bring another action in forma pauperis unless
1
Plaintiff’s application for leave to proceed in forma
pauperis is deficient, in that it is unsigned and is not
accompanied by the required certified institutional account
statements. However, Plaintiff is not eligible to proceed in
forma pauperis on other grounds.
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he is in imminent danger of serious physical injury.
28 U.S.C.
§ 1915(g).
Here, Plaintiff has incurred at least four such “strikes.”
See Peterson v. Bondiskey, Civil No. 10-6477 (D.N.J.); Peterson
v. Rinkus, Civil No. 10-5316 (D.N.J.); Peterson v. Korobellis,
Civil No. 09-6571 (D.N.J.); Peterson v. Cape May County
Correctional Center, Civil No. 10-0891 (D.N.J.).2
The
allegations of the Complaint do not suggest that Plaintiff is in
imminent danger of serious physical injury.
Accordingly, he may
not proceed in forma pauperis.
CONCLUSION
For the reasons set forth above, Plaintiff’s application for
leave to proceed in forma pauperis will be denied and the Clerk
of the Court will be ordered to administratively terminate this
action, without filing the complaint or assessing a filing fee.
Plaintiff will be granted leave to apply to re-open within 30
days by prepaying the filing fee in full.3
2
It is apparent from these other filings that Plaintiff is
also known as Parrish Chandler and the Clerk of the Court will be
directed to amend the Docket to reflect this alias.
3
Such an administrative termination is not a “dismissal”
for purposes of the statute of limitations, and if the case is
reopened pursuant to the terms of the accompanying Order, 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).
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An appropriate Order will be entered.
s/Robert B. Kugler
Robert B. Kugler
United States District Judge
Dated: July 18, 2012
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