MCNEIL v. ATLANTIC COUNTY JUSTICE FACILITY et al

Filing 8

OPINION. Signed by Judge Robert B. Kugler on 6/8/2015. (TH, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
TERRY MCNEIL,
:
:
Civ. No. 15-2939 (RBK) (KMW)
Plaintiff,
:
:
OPINION
v.
:
:
ATLANTIC COUNTY JUSTICE
:
FACILITY, et al.,
:
:
Defendants.
:
___________________________________ :
ROBERT B. KUGLER, U.S.D.J.
Plaintiff is currently incarcerated at SCI Benner in Bellefonte, Pennsylvania. 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.”).
On May 12, 2015, this Court denied plaintiff’s application to proceed in forma pauperis
without prejudice. While plaintiff attached his prisoner account statement, the statement had not
been certified by the appropriate prison official. Therefore, the matter was administratively
terminated.
On May 22, 2015, the Court received another application to proceed in forma pauperis
from plaintiff. Therefore, the Clerk will be ordered to reopen this case. However, this
application suffers from the same defect as plaintiff’s prior in forma pauperis application.
Plaintiff must have the proper prison official certify his prisoner account statement. Plaintiff’s
signature where the prison official is supposed to certify the prisoner account statement is
insufficient. Therefore, this application to proceed in forma pauperis will also be denied without
prejudice. While plaintiff’s subsequent filings indicate that this affidavit would be mailed
separately, to date, the Court has not received said signed certification from the appropriate
prison official.

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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.

DATED: June 8, 2015
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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