LEWIN v. CAPE MAY COUNTY SHERIFF'S OFFICE et al
OPINION. Signed by Judge Noel L. Hillman on 2/9/18. (jbk, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
COUNTY OF CAPE MAY SHERIFF’S, :
OFFICE, et al.,
DEAN ANTHONY LEWIN,
Civ. No. 18-949 (NLH) (KMW)
Dean Anthony Lewin, #48572
Cape May County Correctional Center
4 Moore Road
Cape May Court House, NJ 08210
Plaintiff Pro se
HILLMAN, District Judge
Plaintiff Dean Anthony Lewin, a pretrial detainee confined
in the Cape May County Correctional Center in Cape May Court
House, New Jersey at the time of filing, filed a civil rights
Complaint pursuant to 42 U.S.C. § 1983, without prepayment of
fees or security or an application to proceed in forma pauperis.
ECF No. 1.
Pursuant to Local Civil Rule 54.3, the Clerk shall not be
required to enter any suit, file any paper, issue any process,
or render any other service for which a fee is prescribed,
unless the fee is paid in advance.
Under certain circumstances,
however, this Court may permit an indigent plaintiff to proceed
in forma pauperis.
The entire fee to be paid in advance of filing a civil
complaint is $400.
That fee includes a filing fee of $350 plus
an administrative fee of $50, for a total of $400.
who is granted in forma pauperis status will, instead, be
assessed a filing fee of $350 and will not be responsible for
the $50 administrative fee.
A prisoner who is denied in forma
pauperis status must pay the full $400, including the $350
filing fee and the $50 administrative fee, before the complaint
will be filed.
Title 28, section 1915 of the United States Code
establishes certain financial requirements for prisoners who are
attempting to bring a civil action in forma pauperis.
1915, a prisoner seeking to bring a civil action in forma
pauperis must submit an affidavit, including a statement of all
assets and liabilities, which states that the prisoner is unable
to pay the fee.
28 U.S.C. § 1915(a)(1).
The prisoner also must
submit a certified copy of his inmate trust fund account
statement(s) for the six-month period immediately preceding the
filing of his complaint.
28 U.S.C. § 1915(a)(2).
must obtain this certified statement from the appropriate
official of each correctional facility at which he was or is
confined during such six-month period.
If the prisoner is granted in forma pauperis status, the
prisoner must pay the full amount of the filing fee, in
installments, as follows.
28 U.S.C. § 1915(b)(1).
month that the amount in the prisoner’s account exceeds $10.00,
until the filing fee is paid, the agency having custody of the
prisoner shall assess, deduct from the prisoner’s account, and
forward to the Clerk of the Court an installment payment equal
to 20% of the preceding month’s income credited to the
28 U.S.C. § 1915(b)(2).
Plaintiff may not have known when he submitted his
Complaint that he must pay the filing fee, and that even if the
full filing fee, or any part of it, has been paid, the Court
must dismiss the case if it finds that the action: (1) is
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.
1915(e)(2)(B) (in forma pauperis actions).
28 U.S.C. §
See also 28 U.S.C. §
1915A (dismissal of actions in which prisoner seeks redress from
a governmental defendant).
If the Court dismisses the case for
any of these reasons, § 1915 does not suspend installment
payments of the filing fee or permit the prisoner to get back
the filing fee, or any part of it, that has already been paid.
If the prisoner has, on three or more prior occasions while
incarcerated, brought in federal court an action or appeal that
was dismissed on the grounds that it was frivolous or malicious,
or that it failed to state a claim upon which relief may be
granted, he cannot bring another action in forma pauperis unless
he is in imminent danger of serious physical injury.
In this action, although Plaintiff seeks to proceed in
forma pauperis, he has not submitted either the required
Affidavit of Poverty or a certified six month account statement.
28 U.S.C. § 1915(a)(2).
For the reasons set forth above, the Clerk of the Court will
be ordered to administratively terminate this action, without
filing the Complaint or assessing a filing fee. 1
be granted leave to apply to re-open within 45 days.
appropriate Order follows.
Dated: February 9, 2018
At Camden, New Jersey
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.
Such an administrative termination is not a “dismissal” for
purposes of the statute of limitations, and if the case is reopened pursuant to the terms of the accompanying Order, it is
not subject to the statute of limitations time bar if it was
originally submitted timely. See Houston v. Lack, 487 U.S. 266
(1988) (prisoner mailbox rule); Papotto v. Hartford Life & Acc.
Ins. Co., 731 F.3d 265, 275-76 (3d Cir. 2013) (collecting cases
and explaining that a District Court retains jurisdiction over,
and can re-open, administratively closed cases).
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