ROUDABUSH v. DYNAN et al
MEMORANDUM AND ORDER Denying 20 Motion to File out of Time, etc. Signed by Judge Renee Marie Bumb on 3/22/16. (js)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
James L. Roudabush, Jr.
Lt. McKool et al.,
CIV. ACTION NO. 15-4233(RMB)
MEMORANDUM AND ORDER
APPLIES TO BOTH ACTIONS
James L. Roudabush, Jr.
C. Dynan et al.,
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 (“IFP”)) under 28 U.S.C. § 1915. At the
time the cases were transferred, 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 to correct the deficiencies in his
IFP applications and reopen these matters.
On January 21, 2016, this Court denied Plaintiff’s first motions
to file out of time because his second IFP applications suffered from
the same defects as his first IFP applications, they did not include
a certified inmate trust fund account statement. Now before the Court
are Plaintiff’s second motions to file out of time his third IFP
applications. Plaintiff’s third IFP applications lack a certified
copy of his inmate trust fund account statement. See 28 U.S.C. §
1915(a)(2) (prisoner must submit a certified copy of his inmate trust
preceding the filing of his complaint) (emphasis added).
Plaintiff asserts that he requested a certified prison trust
fund account statement from FCI-Butner but he was refused. Before
the Court excuses Plaintiff’s failure to comply with the statute,1
the Court will require Plaintiff to file an affidavit that describes
when he requested a certified prison trust fund account statement,
The Court also notes that Plaintiff has three strikes under 28
U.S.C. § 1915(g), and may only proceed in forma pauperis if he is
under imminent danger of serious physical injury. 28 U.S.C. §
1915(g). See Roudabush v. Bittinger, Civ. Action No. 15-3185 (RMB),
2015 WL 4616869 (D.N.J. July 31, 2015) (identifying three strikes).
from whom he requested the statement, the steps he took in following
through with the request, the person who denied his request, and the
reason given. See Bragg v. Cohen, Civ. No. 15-7006 (NLH), 2015 WL
5853950 (D.N.J. Oct. 2, 2015) (requiring affidavit explaining
circumstances of failure to provide inmate trust fund account
statement); Jordan v. Hastings, Civ. Action No. 12-2424 (PGS), 2012
WL 1600429 (D.N.J. May 2, 2012) (same).
THEREFORE, it is on this 22nd day of March 2016;
ORDERED that the Clerk of Court shall reopen these matters for
disposition of Plaintiff’s motions to file out of time; and it is
ORDERED that Plaintiff’s motions to file out of time (ECF No.
20, 15cv4233 (RMB) and ECF No. 20, 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
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, under 28
U.S.C. § 1915(a) in each matter, or an affidavit explaining in detail
his requests for a certified inmate trust fund account statement and
the denial of his requests).
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE
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