NERI v. PENNSAUKEN LIBRARY et al
OPINION. Signed by Judge Robert B. Kugler on 12/4/2014. (nz, )n.m.
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civ. No. 14-6805 (RBK) (JS)
PENNSAUKEN LIBRARY, et al.,
ROBERT B. KUGLER, U.S.D.J.
Plaintiff is currently incarcerated at the Central Reception and Assignment Facility in
West Trenton, New Jersey. He brings this pro se civil rights action pursuant to 42 U.S.C. §
1983. The Clerk will not file a civil complaint unless the person seeking relief pays the entire
applicable filing fee in advance or the person applies for and is granted in forma pauperis status
pursuant to 28 U.S.C. § 1915. See L.Civ.R. 5.1(f). The filing fee for a civil complaint is
$400.00 ($350.00 if the plaintiff is proceeding in forma pauperis). While the Clerk has received
the complaint, the complaint has not been filed as plaintiff has not paid the filing fee nor has
plaintiff been granted in forma pauperis status.
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 applicable filing fee.
See 28 U.S.C. § 1915(a)(1). The prisoner must also 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
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.”).
Plaintiff’s application to proceed in forma pauperis will be denied without prejudice.
While plaintiff has submitted his prisoner account statement, the statement has not been certified
by the appropriate prison official. Therefore, the application to proceed in forma pauperis is
incomplete. See 28 U.S.C. § 1915(a)(2); see also see also L.Civ.R. 81.2(b). To the extent that
plaintiff asserts that correctional officials have refused to certify his prisoner account statement,
any such assertion must be supported by an affidavit detailing the circumstances of plaintiff’s
request for a prison official to certify his prisoner account statement and the correctional
officials’ refusal to comply, including the dates of such events and the names of the individuals
Even if a prisoner is granted in forma pauperis status, he must pay the full amount of the
filing fee. See 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. See id. §
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. See id. § 1915(e)(2)(B); see also id. § 1915A(b).
If the plaintiff 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. See
id. § 1915(g).
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 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.
DATED: December 4, 2014
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
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