JOHNSON v. SALEM COUNTY CORRECTIONAL FACILITY et al
Filing
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MEMORANDUM AND ORDER IFP is DENIED and Clerk shall administratively terminate this matter. ORDERED Clerk shall send Plaintiff a blank IFP application and Plaintiff has 30 days to submit completed IFP or pay $400 filing fee. ORDERED Clerk shall serve a copy of this Order upon Plaintiff. Signed by Chief Judge Jerome B. Simandle on 8/27/2013. (nz, )n.m.
*NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ANTHONY D. JOHNSON,
Plaintiff,
v.
SALEM COUNTY CORR. FACILITY,
et al.,
Defendants.
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Civil Action No. 13-5050 (JBS)
MEMORANDUM AND ORDER
Plaintiff, currently confined at Cumberland County Justice Facility in Bridgeton, New Jersey,
seeks to bring a civil action in forma pauperis,1 without prepayment of fees or security, asserting
claims pursuant to 42 U.S.C. § 1983. 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). The prisoner also must submit a certified copy of his inmate trust fund account
statement for the six-month period immediately preceding the filing of his complaint. 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. Id.
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Suits brought in forma pauperis are governed by 28 U.S.C. § 1915.
The entire fee to be paid in advance of filing a civil complaint is $400. That fee includes a
filing fee of $350 plus an administrative fee of $50, for a total of $400. A prisoner who is granted in
forma pauperis status will, instead, be assessed a filing fee of $350 and will not be responsible for the
$50 administrative fee. If in forma pauperis status is denied, the prisoner must pay the full $400,
including the $350 filing fee and the $50 administrative fee, before the complaint will be filed.
If the prisoner is granted in forma pauperis status, the prisoner must pay the full amount of the
$350 filing fee as follows. 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. 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 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 action, Plaintiff failed to submit a complete in forma pauperis application as required
by 28 U.S.C. § 1915(a)(1), (2). Specifically, Plaintiff failed to submit a certified six month account
statement with his application.
THEREFORE, it is on this
27th
day of
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August
, 2013;
ORDERED that Plaintiff’s request 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 Jenkins v. Super. of
Laurel Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 2013) (describing prisoner mailbox rule generally);
Dasilva v. Sheriff's Dept., 413 F. App’x 498, 502 (3rd Cir. 2011) (“[The] statute of limitations is met
when a complaint is submitted to the clerk before the statute runs ….”); and it is further
ORDERED that the Clerk of the Court shall send Plaintiff the form entitled Affidavit of
Poverty and Account Certification (Civil Rights)(DNJ ProSe 007 A(Rev. 5/13)) to be used by
Plaintiff in any future 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 & U.S. Courthouse, 4th & Cooper
Streets, Camden, NJ 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 $400 fee including the $350 filing fee plus the $50 administrative
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 payment of the filing and administrative
fees within the time allotted by this Court, the Clerk of the Court will be directed to reopen this case;
and it is finally
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ORDERED that the Clerk of the Court shall serve a copy of this Order upon Plaintiff by
regular U.S. mail.
s/ Jerome B. Simandle
JEROME B. SIMANDLE
United States District Judge
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