BLOCKER v. WERNICK et al

Filing 4

MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 4/23/2015. (TH, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

KAREEM BLOCKER,

HONORABLE JEROME B. SIMANDLE

Plaintiff,
Civil Action
No. 14-5439 (JBS-KMW)

v.
SGT WERNICK, et al.,

MEMORANDUM OPINION
Defendants.

SIMANDLE, Chief Judge:
Before the Court is Plaintiff Kareem Blocker’s letter to
the Court asking to reopen his pro se civil rights complaint.
(Docket Entry 3).
1.

Plaintiff, a New Jersey sentenced prisoner confined at

New Jersey State Prison in New Jersey, submitted to the Clerk
for filing a pro se Complaint with an application to proceed in
forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff did not
prepay the $400 filing and administrative fees for this case.
2.

In the Complaint, Blocker claimed that in May of 2014,

a routine cell search was conducted by the Defendant Officers at
Bayside State Prison. When he returned to his cell, his Benadryl
was missing. A few days later, he reported to medical and
explained what happened, i.e., that the Benadryl was taken
during the cell search. As a result of his statements, he was
found guilty of disciplinary charges (Complt., ¶ 6). He asked

for the appointment of counsel and monetary relief (Complt., ¶
7). He did not request injunctive relief.
3.

By Order dated October 23, 2014, this Court denied

Plaintiff’s application to proceed in forma pauperis with
prejudice as he had three prior qualifying dismissals under 28
U.S.C. § 1915(g), and Plaintiff had not demonstrated he was in
“imminent danger of serious physical injury.” 28 U.S.C. §
1915(g). (Docket Entry 2 ¶¶ 3-5).
4.

The Court administratively terminated the complaint

for failure to pay the filing fees, and informed Plaintiff the
case would be reopened upon his payment of the filing and
administrative fees. (Docket Entry 2).
5.

On October 31, 2014, Plaintiff submitted a letter

requesting this Court grant him in forma pauperis status.
(Docket Entry 3). He did not pay the filing fee as ordered by
the Court.
6.

As Plaintiff has not complied with the Court’s order,

the complaint shall be dismissed for lack of prosecution.

April 23, 2015
Date

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

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