SMART v. OASIN et al

Filing 9

MEMORANDUM ORDER Clerk shall reopen this case. ORDERED IFP is DENIED and Clerk shall re-administratively terminate this case. ORDERED Clerk shall send Plaintiff a blank IFP application and a copy of this Order. ORDERED Plaintiff has 30 days to reopen this matter.. Signed by Judge Robert B. Kugler on 8/5/2014. (nz, )n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
SALAHUDDIN F. SMART,
:
:
Plaintiff,
:
:
v.
:
:
ALEXANDRA B. OASIN, et al.,
:
:
Defendants.
:
_________________________________________ :

Civ. No. 13-4339 (RBK) (KMW)
MEMORNADUM ORDER

Plaintiff was an incarcerated prisoner at the Jones Farm in West Trenton, New Jersey
when he initially submitted this pro se civil rights action pursuant to 42 U.S.C. § 1983. On
August 27, 2013, this case was administratively closed as plaintiff had failed to file a complaint
application to proceed in forma pauperis by a prisoner. 1 Subsequently, it appears that plaintiff
was released from prison and he filed an application to proceed in forma pauperis by a nonprisoner. (See Dkt. No. 7.) Nevertheless, before the Court ruled on this non-prisoner in forma
pauperis application, plaintiff has recently indicated to the Court that he is now back in prison.
(See Dkt. No. 8.) Indeed, he states that he is back at Jones Farm. (See id.)
The Court will deny plaintiff’s pending application to proceed in forma pauperis without
prejudice. As plaintiff was incarcerated at the time he filed this civil action, and as plaintiff has
now been re-incarcerated, this re-incarceration necessitates that he now file a prisoner in forma
pauperis application, which includes a certified prisoner trust account statement before the Court
can rule on his in forma pauperis application. Accord Smith v. Scott, No. 13-0613, 2014 WL
908423, at *2 (S.D. Ohio Mar. 7, 2014) (noting that while plaintiff filed his non-prisoner in
1

It is worth noting that as plaintiff was a prisoner at the time he filed this action, the Prison
Litigation Reform Act applies. See Drayer v. Attorney Gen. of Del., 81 F. App’x 429, 431 (3d
Cir. 2003) (per curiam) (quoting In re Smith, 114 F.3d 1241, 1251 (D.C. Cir. 1997)).
1

forma pauperis application during his release from prison, his reincarceration necessitated the
Magistrate Judge to order him to file a prisoner in forma pauperis application, including a
certified trust account statement). The current pending application to proceed in forma pauperis
does not include such a certified statement. Therefore, plaintiff’s current pending non-prisoner
application to proceed in forma pauperis will be denied without prejudice. Plaintiff will be
ordered to submit a prisoner application to proceed in forma pauperis (or prepay the filing fee),
which includes a certified six-month prisoner trust account statement within thirty days if he
elects to continue this action.
Accordingly, IT IS on this 5th day of August , 2014,
ORDERED that the Clerk shall reopen this case;
ORDERED that plaintiff’s application to proceed in forma pauperis (Dkt. No. 7.) is
denied without prejudice; and it is further
ORDERED that the Clerk shall re-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 provided the original complaint was timely; and it is
further
ORDERED that plaintiff may have the above entitled case reopened, if, within thirty (30)
days of the date of the entry of this Order, plaintiff either pre-pays the $400.00 filing fee or
submits to the Clerk a complete signed in forma pauperis application, including a certified sixmonth prison account statement; and it is further

2

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 will be directed to reopen this case; and it is further
ORDERED that the Clerk shall serve on plaintiff by regular U.S. mail this Memorandum
Order and a blank form application to proceed in forma pauperis by a prisoner in a civil rights
case.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

3