HILL v. LANIGAN et al

Filing 9

MEMORANDUM AND ORDER directing the Clerk to reopen this matter. Pltf's application to proceed in forma pauperis is DENIED, & directing the Clerk to administratively terminate this case w/out filing the complaint or assessing a filing fee. If Plt f wishes to reopen this case, he shall so notify the Court, in writing, w/in 30 days of entry of this Order. Pltf's writing shall include (1) a complete, signed in forma pauperis application, including a six-month prison account statement, or (2) the $350 filing fee. The Clerk shall close this file in this matter; etc. Signed by Judge Faith S. Hochberg on 7/1/13. (sr, )

CLOSED
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SPILLERMAN HILL,
Plaintiff,
v.
COMMISSIONER GARY LANIGAN,
et al.,
Defendants.

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Civil No. 13-1700 (FSH)

MEMORANDUM AND ORDER

IT APPEARING THAT:
1.

Plaintiff signed the instant Complaint for filing on March
14, 2013 and it was docketed on March 15, 2013 (docket entry
1).

Plaintiff failed to submit a complete in forma pauperis

application as required by 28 U.S.C. § 1915(a)(1), (2).
While he did file an “Application To Proceed Without
Prepayment of Fees and Affidavit,” (Dkt. 1-1), Plaintiff did
not provide a full six-month account statement as required
by 28 U.S.C. § 1915(a)(2).

The account information as

submitted covered the time period of October 19, 2012 until
February 15, 2013, a period of only four months.

Further,

the account information was not certified by the appropriate
official of the facility at which Plaintiff is incarcerated,
as also required by 28 U.S.C. § 1915(a)(2).

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2.

In light of Plaintiff’s failure to submit an in forma
pauperis application or prepay the filing fee, this Court
issued an Order (docket entry no. 2), dated April 2, 2013,
to administratively terminate the matter, but allowing
Plaintiff thirty days time in which to reopen by submitting
a completed in forma pauperis application or paying the
filing fee.

3.

Plaintiff has now submitted a renewed application to proceed
in forma pauperis (docket entry 4) and a trust account
statement (docket entry 5).

4.

Under the Prison Litigation Reform Act, 28 U.S.C. §
1915(a)(1), a prisoner bringing a civil action in forma
pauperis must submit an affidavit, including a statement of
all assets, which states that the prisoner is unable to pay
the fee.

The prisoner also must submit a certified copy of

his inmate trust fund account statement for the six month
period immediately preceding the filing of his complaint.
28 U.S.C. § 1915(a)(2).

The prisoner must obtain this

statement from the appropriate official of each prison at
which he was or is confined.
5.

Id.

Plaintiff’s recently filed account statement contains
account information for the dates of October 19, 2012 until
April 1, 2013.

Again these dates fail to conform to the

requirement of providing account information for the six

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month time period prior to the filing of the complaint.
Further, this new account statement has not been certified
by an official of the facility at which Plaintiff is
incarcerated.

The allegations of the complaint suggest that

Plaintiff was likely to have been incarcerated for the six
months of time preceding the filing of the instant
Complaint.

Plaintiff has not stated otherwise and did not

offer any suggestion as to why a full six months of account
information for the time period preceding the filing of the
complaint was not provided.

Accordingly, it appears that

Plaintiff is required to provide a certified statement with
a full six months of account activity for the time period
preceding filing of the complaint but has not done so.
6.

Since Plaintiff is required to obtain an account statement
from the appropriate official of each prison at which he was
or is confined for the six month period immediately
preceding the filing of his complaint, see 28 U.S.C. §
1915(a)(2), and since the account statement filed did not
include the requisite six months of account information,
Plaintiff’s application remains deficient and in forma
pauperis status will be denied.
THEREFORE, it is on this 1st day of July, 2013;

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ORDERED that the Clerk shall reopen this matter by making a
new and separate entry on the docket reading “CIVIL CASE
REOPENED”; and it is further
ORDERED that Plaintiff’s application to proceed in forma
pauperis is hereby DENIED, without prejudice; and it is further
ORDERED that the Clerk of the Court shall administratively
terminate this case, without filing the complaint or assessing a
filing fee; and it is further
ORDERED that if Plaintiff wishes to reopen this case, he
shall so notify the Court, in writing, addressed to the Clerk of
the Court, M.L. King, Jr. Federal Bldg. & U.S. Courthouse, 50
Walnut Street, Newark, New Jersey, 07102, within 30 days of the
date of entry of this Order; Plaintiff’s writing shall include
either (1) a complete, signed in forma pauperis application,
including a certified six-month prison account statement, or (2)
the $350 filing fee; and it is further
ORDERED that upon receipt of a writing from Plaintiff
stating that he wishes to reopen this case, and either a complete
in forma pauperis application or filing fee within the time
allotted by this Court, the Clerk of the Court will be directed
to reopen this case; and it is further
ORDERED that the Clerk shall close the file in this matter
by making a new and separate entry on the docket reading “CIVIL
CASE CLOSED.”

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s/ Faith S. Hochberg
Faith S. Hochberg
United States District Judge

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