ROUDABUSH v. DYNAN et al

Filing 14

MEMORANDUM AND ORDER directing the Clerk to REOPEN these matters; denying Pltf's motions to file out of time (ECF. No. 10, 15-4233 and ECF. No. 10 , 15cv4234); directing the Clerk to ADMINISTRATIVELY TERMINATE these matters, subject to reopening if, w/in 30 days, Pltf renews his motions to file out of time and submits a complete IFP in each matter. Signed by Judge Renee Marie Bumb on 1/21/2016. (drw)n.m.

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

James L. Roudabush, Jr.

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Plaintiff,
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v.
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Lt. McKool et al.,
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Defendants.
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_______________________________

CIV. ACTION NO. 15-4233(RMB)

MEMORANDUM AND ORDER

APPLIES TO BOTH ACTIONS

James L. Roudabush, Jr.

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Plaintiff,
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v.
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C. Dynan et al.,
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Defendants.
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_______________________________

CIV. ACTION NO. 15-4234(RMB)

RENÉE MARIE BUMB, U.S. District Judge
These cases were transferred from the U.S. District Court,
District of Columbia on June 23, 2015, without a determination of
whether Plaintiff should be allowed to proceed without prepayment
of fees (in forma pauperis). At the time the cases were transferred,
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Plaintiff was incarcerated at FCI Fort Dix, in Fort Dix, New Jersey.
On June 30, 2015, this Court denied Plaintiff’s IFP applications
without prejudice and terminated these cases, allowing Plaintiff 30
days in which to correct the deficiencies in his IFP applications
and reopen these matters.
Almost two months later, on August 28, 2015, Plaintiff filed
a second IFP application in each case, together with a motion to file
out of time. Before the date set for consideration of the motions
to file out of time, Plaintiff appealed to the Third Circuit Court
of Appeals this Court’s orders denying his first IFP applications.
On October 27, 2015, the Third Circuit dismissed the appeals for
failure to timely prosecute because appellant failed to file a
certified prison account statement and imminent danger motion.
This Court will now deny Plaintiff’s motions to file out of time
because the IFP applications Plaintiff submitted (ECF No. 9 in each
matter) suffer from the same defects as his first IFP applications,
they do not include a certified (signed by a prison official) inmate
trust fund account statement. See 28 U.S.C. § 1915(a)(2) (prisoner
must submit a certified copy of his inmate trust fund account
statement for the six-month period immediately preceding the filing
of his complaint) (emphasis added).
THEREFORE, it is on this 21st day of January 2016,

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ORDERED that the Clerk of Court shall reopen these matters for
disposition of Plaintiff’s motions to file out of time; and it is
further
ORDERED that Plaintiff’s motions to file out of time (ECF No.
10, 15cv4233(RMB) and ECF No. 10, 15cv4234(RMB)) are DENIED; and it
is further
ORDERED that the Clerk shall serve a copy of this Order on
Plaintiff by regular U.S. mail; and it is further
ORDERED

that

the

Clerk

of

Court

shall

administratively

terminate these matters, subject to reopening if, within thirty days
of the date of this Order, Plaintiff renews his motions to file out
of time and submits a properly completed IFP application in each
matter, pursuant to 28 U.S.C. § 1915(a).

s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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