MARTIN v. SMITH et al

Filing 2

OPINION. Signed by Judge Noel L. Hillman on 7/16/2020. (rss,n.m. )

Case 1:20-cv-08607-NLH-KMW Document 2 Filed 07/16/20 Page 1 of 2 PageID: 14

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
KAMAL K. MARTIN,
:
:
Plaintiff,
:
Civ. No. 20-8607 (NLH) (KMW)
:
v.
:
OPINION
:
:
RICHARD T. SMITH, et al.,
:
:
Defendants.
:
______________________________:
APPEARANCE:
Kamal K. Martin
49263
Cumberland County Jail
54 W Broad St.
Bridgeton, NJ 08302
Plaintiff Pro se
HILLMAN, District Judge
Plaintiff Kamal K. Martin, an inmate presently detained at
the Cumberland County Jail, New Jersey, seeks to bring this
civil action in forma pauperis, without prepayment of fees or
security, asserting a claim pursuant to the 42 U.S.C. § 1983.
See ECF No. 1.
According to the account statement provided with the
application, Plaintiff’s prison account balance is $1268.09.
ECF No. 1-1 at 2.
was $900.

His average balance for the past six months

The Court concludes that Plaintiff is able to pay the

Case 1:20-cv-08607-NLH-KMW Document 2 Filed 07/16/20 Page 2 of 2 PageID: 15

filing fee and administrative fee.

His in forma pauperis

application is denied.
CONCLUSION
For the reasons set forth above, the motion to proceed in
forma pauperis is denied without prejudice.

The Clerk will be

directed to reopen the matter once Plaintiff submits the $350
filing fee and $50 administrative fee. 1

An appropriate Order

follows.

Dated:
July 16, 2020
At Camden, New Jersey

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

1

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).
2