VASQUEZ v. BATISTE et al

Filing 12

MEMORANDUM AND ORDER Denying without prejudice 11 Motion Directing Prison Officials to file Trust Fund Statement; ORDERED that if plaintiff wishes to reopen this case, he shall so notify the Court, 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 plaintiff's certification detailing his efforts with regard to obtaining that sign ature and the reasons he was given by the approached prison officials as to their decisions to decline of his requests for such signature), or (2) the $400 fee including the $350 filing fee plus the $50 administrative fee. Signed by Judge Robert B. Kugler on 3/11/15. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
EDUARDO VASQUEZ,
:
:
Plaintiff,
:
Civ. No. 14-4366 (RBK) (JS)
:
v.
:
MEMORANDUM AND ORDER
:
BATISTE, et al.,
:
:
Defendants.
:
_________________________________________ :
Plaintiff is a federal prisoner currently incarcerated at F.M.C. Butner in Butner, North
Carolina. He is proceeding pro se with a civil rights complaint. On September 19, 2014, this
Court denied plaintiff’s application to proceed in forma pauperis without prejudice. It was noted
that plaintiff failed to file the required certification from the appropriate prison official with
respect to his prisoner account statement. Therefore, the matter was administratively terminated.
Plaintiff was given thirty days in which to seek to reopen this case by either paying the filing fee
or submitting a complete application to proceed in forma pauperis.
On October 6, 2014, the Court received plaintiff’s motion to have this Court direct the
prison officials to file his trust fund account statement. (See Dkt. No. 11.) Plaintiff states that he
asked Ms. Leiner, the Trust Fund Supervisor, “to certify the trust fund statement for filing in this
case, and advised that she was the only person that could provide it, and that she would have to
send it herself directly to this court . . . . It is now apparent that it was not done.” (Id. at p. 1.)
Thus, plaintiff requests that this Court order the prison officials to file the required trust fund
statement.
This Court will deny plaintiff’s motion without prejudice. While this Court cannot rule
out the possibility that plaintiff was unable to obtain signature of an authorized prison official

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certifying his account, in addition to specifying the names and titles of authorized prison officials
whom he approached with requests to certify his accounts, plaintiff must specify the dates of
these requests and the reasons these authorized prison officials gave to Plaintiff in connection
with their decisions to decline his requests. Upon being presented with plaintiff’s certification to
that effect, this Court would be in a better position than it is now to determine whether it should
excuse plaintiff’s failure to obtain an authorized prison official’s signature or whether the Court
should conduct an additional inquiry into this matter.
Accordingly, IT IS this 11th day of March, 2015,
ORDERED that plaintiff’s motion directing prison officials to file his trust fund
statement (Dkt. No. 11.) is denied without prejudice; and it is further
ORDERED that if plaintiff wishes to reopen this case, he shall so notify the Court, 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 plaintiff’s certification detailing his efforts with regard to obtaining that signature and the
reasons he was given by the approached prison officials as to their decisions to decline of his
requests for such signature), or (2) the $400 fee including the $350 filing fee plus the $50
administrative fee; and it is further
ORDERED that the Clerk shall serve on plaintiff by regular U.S. mail this Memorandum
and 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

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