MADRIGAL v. ZUNIGA et al

Filing 8

MEMORANDUM, ORDER Clerk shall reopen this matter. Plaintiff's IFP is Denied without prejudice. ORDERED that the Clerk of the Court shall return to Plaintiff his $5.00 filing fee. Directing Clerk to administratively terminate this case. nm 7/6. Signed by Judge Renee Marie Bumb on 7/6/17. (jbk, )

NOT FOR PUBLICATION

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
CELSO LAREDO MADRIGAL,
Plaintiff,
v.

LETICIA ZUNIGA, ESQ. and
J. DAVID ALCANTRA, ESQ.,
Defendants.

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Civ. Action No. 16-9415 (RMB)

MEMORANDUM AND ORDER

This matter comes before the Court upon Plaintiff Celso
Laredo Madrigal’s (“Plaintiff”) submission of an application to
proceed in forma pauperis (“IFP application.”)

(ECF No. 6.)

Plaintiff, a prisoner confined in South Woods State Prison, in
Bridgeton,

New

Jersey,

filed

this

civil

rights

action

on

December 21, 2016, without paying the filing fee or submitting a
complete application to proceed without prepayment of fees (“IFP
application”) pursuant to 28 U.S.C. § 1915(a).

(Compl., ECF No.

1.)
On March 22, 2017, this Court pre-screened the complaint
pursuant to 28 U.S.C. § 1915(e)(2)(B), as would be required if
Plaintiff had filed an IFP application, and noted that Plaintiff
failed to state a § 1983 claim against defendants because they
are not state actors.

(Opinion, ECF No. 3 at 6-7.) The Court

also found that the Federal Arbitration Act does not create
independent federal question jurisdiction, and Plaintiff must
seek enforcement of his arbitration award in state court, unless
he could establish a basis for federal court jurisdiction. (Id.
at 7-9.)

The Court terminated this action on March 22, 2017,

for failure to pay the filing fee or submit an IFP application,
warning Plaintiff that if he sought to reopen this matter; he
should file an amended complaint that establishes federal court
jurisdiction and a viable claim for relief.

(Opinion and Order,

ECF Nos. 3, 4.)
Subsequent to termination of this matter without prejudice,
Plaintiff submitted an IFP application; and several days later,
he submitted a letter request seeking an extension of time to
pay the filing fee.

(ECF Nos. 6, 7.)

Although he acknowledged

that the requisite filing fee was $400.00 (Letter, ECF No. 5),
Plaintiff

submitted

a

payment

of

$5.00.

Plaintiff

did

not

submit an amended complaint.
Plaintiff’s IFP application is deficient because he did not
submit a certified copy of the trust fund account statement for
the

6-month

period

immediately

preceding

the

filing

complaint, as required by 28 U.S.C. § 1915(a)(2).

of

the

Plaintiff’s

payment of $5.00 is insufficient because the filing fee for a
civil

rights

complaint

administrative fee.

is

$350.00,

there

See 28 U.S.C. § 1914(a), (b).
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and

is

a

$50.00

Plaintiff should understand that even if he corrects the
deficiency in his IFP application, which would allow the Court
to collect the $350.00 filing fee from his prison trust account
over time, or even if Plaintiff paid the full $400.00 filing
fee,

the

Court

would

still

dismiss

the

complaint

because

Plaintiff failed to state a viable claim for relief under 42
U.S.C. § 1983, and the Court lacks jurisdiction over a claim for
enforcement of the arbitration award.

Unless Plaintiff files an

amended complaint over which this Court has jurisdiction and
includes a claim upon which relief may be granted, Plaintiff
will pay the filing fee only to have the complaint conclusively
dismissed.
IT IS therefore on this 6th day of July 2017,
ORDERED that the Clerk of Court shall reopen this matter;
and it is further
ORDERED that Plaintiff’s application to proceed in forma
pauperis (ECF No. 6) is denied without prejudice; and it is
further
ORDERED

that

the

Clerk

of

the

Court

shall

return

to

Plaintiff his $5.00 filing fee; and it is further
ORDERED that the Clerk of the Court shall administratively
terminate this action without filing the complaint; and it is
further

3 

ORDERED that if Plaintiff wishes to reopen this case, he
shall so notify the Court, in writing addressed to the Clerk of
the Court, Mitchell H. Cohen Building & U.S. Courthouse, 4th &
Cooper Streets, Room 1050, Camden, NJ 08101, within 30 days of
the

date

include

of

entry

either

application,

of

(1)

this

a

including

Order;

complete,
a

certified

Plaintiff’s
signed

in

six-month

writing
forma
prison

shall

pauperis
account

statement, or (2) the $400 fee including the $350 filing fee
plus the $50 administrative fee; and Plaintiff is permitted to
file an Amended Complaint, if he can establish federal court
jurisdiction and state a viable claim for relief; and it is
further
ORDERED
stating

that

that

upon

he

wishes

receipt
to

of

reopen

a

writing

this

case,

from
and

Plaintiff
either

a

complete in forma pauperis application or payment of the filing
and administrative fees within the time allotted by this Court,
the Clerk of the Court will be directed to reopen this case; and
it is finally
ORDERED that the Clerk of the Court shall serve a copy of
this Order upon Plaintiff by regular U.S. mail.

s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

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