HOPKINS v. RIVERA et al

Filing 6

MEMORANDUM, OPINION. Signed by Judge Noel L. Hillman on 8/21/17. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
:
:
Plaintiff,
:
:
v.
:
:
MS. RIVERA, et al.,
:
:
Defendants.
:
______________________________:
REGINALD HOPKINS,

Civ. No. 17-779 (NLH)
MEMORANDUM OPINION

IT APPEARING THAT:
1.

On January 19, 2017, Plaintiff Reginald Hopkins

(“Plaintiff”) filed the instant Complaint asserting various
claims pursuant to Bivens v. Six Unknown Named Agents, 403 U.S.
388 (1971).
2.

(ECF No. 1.)

Because the in forma pauperis (“IFP”) application

Plaintiff submitted with his Complaint was incomplete, the Court
denied his application and administratively terminated this
action.
3.

(ECF Nos. 3, 4.)
Thereafter, Plaintiff submitted a second IFP

application.

(ECF No. 5.)

Based on mail that was returned to

the Court, and statements by Plaintiff in his second IFP
application, it appears that Plaintiff may no longer be a
prisoner.

However, it is not clear, and the information

reported by Plaintiff in his application is contradictory.

4.

Specifically, he lists his average monthly income

during the past 12 months as zero, but also states that he was
employed while he was in prison.

(Id.)

Additionally, in his

original IFP application, he included a summary of his inmate
account statement and that summary indicates that over the
previous six months, he had approximately $1300 in deposits to
his inmate account.

(ECF No. 1-2.)

This is contradictory to

his statement that his income over the last 12 months was zero.
Finally, Plaintiff did not complete Questions 9 or 10 on the
application.
5.

(ECF No. 5.)

Because of the conflicting information he has provided,

and his failure to fully complete the application, the Court
will deny Plaintiff’s second IFP application without prejudice.
If Plaintiff wishes to proceed with this matter, he must submit
a complete IFP application which accurately answers all
questions contained in the form.

To the extent he is no longer

a prisoner and unable to obtain a copy of his prisoner account
statement, he should so advise.

The inability to obtain a copy

of his prisoner account statement does not relieve Plaintiff of
the obligation to provide the Court with a complete and accurate
IFP application.
6.

An appropriate Order follows.

Dated: August 21, 2017
At Camden, New Jersey

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

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