LOVELAND v. OWENS et al

Filing 3

OPINION. Signed by Judge Robert B. Kugler on 7/11/16. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
GREGORY LOVELAND,
:
:
Plaintiff,
:
Civ. No. 16-2778 (RBK) (KMW)
:
v.
:
:
WARDEN DAVIS S. OWENS, et al.,
:
OPINION
:
Defendants.
:
_________________________________________ :
ROBERT B. KUGLER, U.S.D.J.
Plaintiff is a pretrial detainee proceeding pro se with his civil rights complaint filed
pursuant to 42 U.S.C. § 1983. The filing fee for a civil complaint is $400.00. If a pretrial
detainee-plaintiff is proceeding in forma pauperis, the fee is $350.00, subject to being paid in
installments as described below.
A pretrial detainee who seeks to bring a civil action in forma pauperis must submit an
affidavit, including a statement of all assets, which states that the pretrial detainee is unable to
pay the applicable filing fee. See 28 U.S.C. § 1915(a)(1). The pretrial detainee 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 pretrial detainee 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.”).
Even if a pretrial detainee is granted in forma pauperis status, he must pay the full
amount of the filing fee of $350.00. See 28 U.S.C. § 1915(b)(1). In each month that the amount
in the pretrial detainee’s account exceeds $10.00, the agency having custody of the pretrial
detainee shall assess, deduct from the pretrial detainee’s account, and forward to the Clerk of the
Court, payment equal to 20 % of the preceding month’s income credited to the pretrial detainee’s
account. See id. § 1915(b)(2). The deductions will continue until the $350.00 filing fee is paid.
Even if the necessary fees are paid and the complaint is accepted for filing, the Court may
nevertheless immediately dismiss the case. The Court must review the complaint and dismiss it 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).

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In this case, plaintiff has not paid the $400.00 filing fee. Furthermore, his application to
proceed in forma pauperis is incomplete. Plaintiff has not had his inmate account statement
certified by the appropriate prison official. Therefore, the application to proceed in forma
pauperis will be denied without prejudice. Accordingly, the Clerk will be ordered to
administratively close the case. Plaintiff may reopen this action, however, by either paying the
filing fee or submitting a complete in forma pauperis application.

DATED: July 11, 2016

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

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