SPOSITI v. REYCHECK et al

Filing 5

MEMORANDUM AND ORDER directing Plaintiff to either submit the $400 filing fee or an IFP application within 30 days, etc. Signed by Judge Robert B. Kugler on 4/19/2017. (dmr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
DANIEL SPOSITI,
:
:
Plaintiff,
:
Civ. No. 16-2448 (RBK) (KMW)
:
v.
:
:
DR. HELEN REYCHECK, et al.,
:
MEMORANDUM AND ORDER
:
Defendants.
:
_________________________________________ :
Plaintiff was previously incarcerated and filed a civil rights complaint as well as an
application to proceed in forma pauperis. His complaint and in forma pauperis application were
received by this Court on May 2, 2016. Subsequently, however, mail that was sent to plaintiff at
his address of record was returned to this Court on May 11, 2016. (See Dkt. No. 2) Thereafter, on
July 11, 2016, this Court administratively terminated this case as plaintiff had failed to update
this Court with his new address of record.
Over nine months after this case was administratively terminated, plaintiff filed a notice
of a change of address with this Court and this case was reopened by the Clerk. Plaintiff’s new
address indicates that he is no longer incarcerated. Therefore, before this case can move forward,
and in light of plaintiff’s release from incarceration, he shall be ordered to either pay the filing
fee of $400.00 or submit an updated complete application to proceed in forma pauperis by a nonprisoner. Failure to do either within the time allotted may result in this case being readministratively terminated.

Accordingly, IT IS this 19th day of April, 2017,
ORDERED that plaintiff shall have thirty (30) days from the date of this Order to either
pay the $400.00 filing fee or submit a complete updated application to proceed in forma pauperis
supplied by the Clerk; and it is further
ORDERED that plaintiff’s failure to pay the $400.00 filing fee or submit a complete
updated application to proceed in forma pauperis within thirty (30) days of the date of this Order
may result in this matter being re-administratively terminated; and it is further
ORDERED that the Clerk shall serve this Order and an application to proceed in forma
pauperis by a non-prisoner (AO 239) on plaintiff by regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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