GALLOWAY v. UNITED STATES OF AMERICA
OPINION and ORDER: Plaintiff's application to proceed in forma pauperis is CONDITIONALLY GRANTED; Clerk of the Court shall file the Complaint; (application sent). Signed by Judge Noel L. Hillman on 7/2/2015. (tf, n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
RASHFORD E. GALLOWAY,
Civ. No. 14-6372 (NLH)
OPINION and ORDER
Rashford E. Galloway, #17700-058
McRae Correctional Facility
P.O. Box Drawer 30
McRae, GA 31055
Plaintiff Pro se
Plaintiff Rashford E. Galloway, an inmate currently
confined at the McRae Correctional Facility in McRae, Georgia,
brings this civil rights action asserting claims pursuant to the
Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2401, 2671, et
seq., and submits an application to proceed in forma pauperis.
Plaintiff’s previous application to proceed in forma pauperis
was denied and the case was administratively terminated per an
Order dated October 16, 2014. (ECF No. 3).
Pursuant to the terms of that Order, Plaintiff was to be
supplied with a blank in forma pauperis application form to be
used in any future filings.
On October 28, 2014, however, the
Court received a letter from Plaintiff indicating that he never
received the blank application form.
Plaintiff’s letter also
indicated that he read the terms of the Court’s October 16, 2014
Order and that he understands the consequences and obligations
of proceeding in forma pauperis.
Plaintiff also attached an
account statement which is signed by a prison official.
For the foregoing reasons, the Court finds that leave to
proceed in forma pauperis is conditionally authorized, subject
to Plaintiff’s completion and submission of an in forma pauperis
application form, which shall be supplied to him along with a
copy of this Order.
The Court hereby grants leave to proceed
without prepayment of fees. See 28 U.S.C. § 1915.
This case is
subject to sua sponte screening by the Court, and the Complaint
will be screened in due course. See 28 U.S.C. §§ 1915(e)(2)(B);
see also 28 U.S.C. § 1915A; 42 U.S.C. § 1997e.
IT IS therefore on this
ORDERED that Plaintiff’s application to proceed in forma
pauperis is CONDITIONALLY GRANTED, subject to Plaintiff’s
completion and submission of an in forma pauperis application
form; and it is further
ORDERED that the Clerk of the Court shall supply to
Plaintiff a blank form entitled “Affidavit of Poverty and
Account Certification (Civil Rights) (DNJ-ProSe-007-A(Rev.05/2013)),” to filled out by Plaintiff and returned to the
Court within 30 days of the date of this Order; and it is
ORDERED that the Clerk of the Court shall file the
Complaint; and it is further
ORDERED that SUMMONS SHALL NOT ISSUE, at this time, as the
Court’s sua sponte screening has not yet been completed; and it
ORDERED that that the time to serve process under FED. R.
CIV. P. 4(m) is hereby extended to the date 120 days after the
Court permits the Complaint to proceed; and it is further
ORDERED that, pursuant to 28 U.S.C. § 1915(b) and for
purposes of account deduction only, the Clerk shall serve a copy
of this Order by regular mail upon the United States Attorney’s
Office and the warden of McRae Correctional Facility; and it is
ORDERED that Plaintiff is assessed a filing fee of $350.00
and shall pay the entire filing fee in the manner set forth in
this Order pursuant to 28 U.S.C. § 1915(b)(1) and (2),
regardless of the outcome of the litigation, meaning that if the
Court dismisses the case as a result of its sua sponte
screening, or Plaintiff’s case is otherwise administratively
terminated or closed, § 1915 does not suspend installment
payments of the filing fee or permit refund to the prisoner of
the filing fee, or any part of it, that has already been paid;
and it is further
ORDERED that pursuant to Siluk v. Merwin, 783 F.3d 421 (3d
Cir. 2015), as amended (Apr. 21, 2015), as amended (Apr. 28,
2015), if Plaintiff owes fees for more than one court case,
whether to a district or appellate court, under the Prison
Litigation Reform Act (PLRA) provision governing the mandatory
recoupment of filing fees, Plaintiff’s monthly income is subject
to a single, monthly 20% deduction, “and the cases and/or
appeals that an inmate has filed [sha]ll be paid off
sequentially,” Siluk, 783 F.3d at 426 (emphasis in original);
i.e., the first-filed case shall be paid off in full, then the
second-filed case, etc., until all fees have been paid in full;
and it is further
ORDERED that, with respect to this case, when Plaintiff’s
fees become ripe for payment in accordance with Siluk, in each
month that the amount in Plaintiff’s account exceeds $10.00,
until the $350.00 filing fee is paid, the agency having custody
of Plaintiff shall assess, deduct from Plaintiff’s account,
and forward to the Clerk of the Court payment equal to 20% of
the preceding month’s income credited to Plaintiff’s account,
pursuant to 28 U.S.C. § 1915(b)(2) and each payment shall
reference the civil docket number of this action.
__s/ Noel L. Hillman______
NOEL L. HILLMAN
United States District Judge
At Camden, New Jersey
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