HORNE v. SOUTHWOODS PRISON et al

Filing 7

MEMORANDUM ORDER IFP applications are DENIED and Clerk shall re-administratively terminate this matter. ORDERED Plaintiff has 30 days to submit the $400 filing fee or complete a signed IFP application and submit a letter stating Plaintiff wishes to reopen this matter. ORDERED Clerk shall send Plaintiff a blank IFP application and a copy of the Opinion and Order. Signed by Judge Robert B. Kugler on 5/21/2014. (nz, )n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

KEVIN LEON HORNE, Sr.,
Civ. No. 13-7376 (RBK) (JS)
Plaintiff,
MEMORANDUM ORDER
v.

SOUTHWOODS PRISON, et al.,
Defendants.

Plaintiff is currently detained at the Mercer County Correctional Facility in Trenton, New
Jersey. He brings this prose civil rights action pursuant to 42 U.S.C. § 1983. On December 13,
2013, the Court administratively terminated this action as Plaintiff had failed to pay the $400.00
filing fee or submit a complete application to proceed informa pauperis. Indeed, the Court
noted that Plaintiffs application to proceed in forma pauperis was incomplete as he failed to
attach a prison account statement certified by the authorized officer of the institution.
Subsequently, Plaintiff has submitted three applications to proceed informa pauperis.
Therefore, the Clerk will be ordered to reopen this case. Plaintiffs three applications to proceed
in forma pauperis all suffer from a similar defect. As the Court noted in its previous Opinion
administratively terminating this action, the prisoner must submit a certified copy of his inmate
trust fund account statement for the six-month period immediately preceding the filing of his
complaint. See id. § 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 L. Civ .R. 81.2(b)
("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
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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."). In this case, while Plaintiff
has submitted his prisoner account statement, the prisoner account statement has not been
certified by the appropriate prison official. Therefore, Plaintiffs applications to proceed in

forma pauperis are incomplete and will be denied without prejudice.
As Plaintiff has neither pre-paid the filing fee nor submitted a complete application
to proceed in forma pauperis, the Clerk will be ordered to re-administratively close the case.
However, Plaintiff shall be given an opportunity reopen this action by either paying the filing fee
or submitting a complete in forma pauperis application.
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Accordingly, IT IS on this _:l!_ day of_M_~--'----' 2014,
ORDERED that the Clerk shall reopen this case; and it is further
ORDERED that Plaintiffs applications to proceed informa pauperis (Dkt. Nos. 4, 5 and
6).) are 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 filing fee

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or submits to the Clerk a complete signed in forma pauperis application, including a certified

six-month prison account statement; 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 pauper is 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 the Opinion
and Order and a blank form application to proceed informa pauperis in a prisoner civil rights
case.

ROBERT B. KUGLER
United States District Judge

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