NERI v. NEW JERSEY STATE PAROLE BOARD et al

Filing 2

OPINION. Signed by Judge Robert B. Kugler on 6/28/2013. (bdk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
PHILIP G. NERI,
:
:
Plaintiff,
:
:
v.
:
:
NEW JERSEY STATE PAROLE BOARD, :
et al.,
:
:
Defendants.
:
___________________________________ :

Civ. No. 13-3722 (RBK) (AMD)
OPINION

ROBERT B. KUGLER, U.S.D.J.
Plaintiff is incarcerated at the Mid State Correctional Facility in Wrightstown, New
Jersey. He brings this action under 42 U.S.C. § 1983. The Prison Litigation Reform Act of
1995, Pub. L. No. 104-134, 110 Stat. 1321 (Apr. 26, 1996) (“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. The Clerk will not file a civil complaint unless
the person seeking relief pays the entire applicable filing fee in advance or the person applies for
and is granted in forma pauperis status pursuant to 28 U.S.C. § 1915. See Local Civil R. 5.1(f).
The filing fee for a civil complaint is $400.00 ($350.00 if the plaintiff is proceeding in forma
pauperis). In this case, while the Clerk has received the complaint, the complaint has not been
filed as plaintiff has not paid the filing fee nor has plaintiff been granted in forma pauperis
status.
Under the PLRA, 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
applicable filing fee. See 28 U.S.C. § 1915(a)(1). The prisoner must also submit a certified copy
of his inmate trust fund account statement for the six-month period immediately preceding the
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filing of his complaint. See 28 U.S.C. § 1915(a)(2). The prisoner must obtain this statement
from the appropriate official of each prison at which he was or is confined. See id.; see also
Local Civil R. 81.2 (“Whenever a Federal, State, or local prisoner submits a civil rights
complaint . . . the prisoner shall also submit an affidavit setting forth information which
establishes that the prisoner is unable to pay the fees and costs of the proceedings and shall
further submit a certification signed by an authorized officer of the institution certifying (1) the
amount presently on deposit in the prisoner’s prison account and, (2) the greatest amount on
deposit in the prisoner’s prison account during the six-month period prior to the date of the
certification.”).
Even if a prisoner is granted in forma pauperis status, he must pay the full amount of the
filing fee. See 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, payment
equal to 20 % of the preceding month’s income credited to the prisoner’s account. See 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. See 28 U.S.C. § 1915(e)(2)(B).
If the plaintiff has, on three or more prior occasions while incarcerated, brought an action
or appeal in a court that was dismissed on any of the grounds listed above, he cannot bring

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another action in forma pauperis unless he is in imminent danger of serious physical injury. See
28 U.S.C. § 1915(g).
Plaintiff has not filed a completed application to proceed in forma pauperis. While
plaintiff requests in forma pauperis status, he does not set forth sufficient information to show
that he is unable to pay the filing fee. Furthermore, he does not include a six-month prison
account statement that has been certified by a prison official. Therefore, as plaintiff’s request is
incomplete and he has not paid the filing fee, the Clerk will be ordered to administratively close
this case. An appropriate order will be entered.

DATED: June 28, 2013
s/Robert B. Kugler _________
ROBERT B. KUGLER, U.S.D.J.

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