BASKERVILLE v. STAPLETON et al

Filing 4

MEMORANDUM AND ORDER that pltf's request to proceed in forma pauperis is DENIED. The Clerk is directed to administratively terminate this case without filing the complaint or assessing a filing fee, & shall send Pltf a blank form application to proceed in forma pauperis. 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 d ays of the date of entry of this Order. Plaintiffs 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; that upon receipt of a wr iting from Plaintiff stating that he wishes to reopen this case, and either a complete in forma pauperis application or payment of the filing and administrative fees within the time allotted by this Court and the Clerk will be directed to reopen this case; etc. Signed by Judge Claire C. Cecchi on 4/30/14. (sr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MARTIN LUTHER BASKERVILLE,
Civil ActionNo. 13-1750 (CCC)
Plaintiff,
v.

:

MEMORANDUM AND ORDER

LT. JAMES STAPLETON. et al.,
Defendants.

Plaintiff Martin Luther Baskerville, a prisoner confined at Northern State Prison, seeks to
bring this civil action in Jörma pauperis, without prepayment of fees or security, asserting claims
pursuant to 42 U.S.C.
amends 28 U.S.C.

§ 1983. The Prison Litigation Reform Act of 1995 (the ‘Act”), which

§ 1915, establishes certain financial requirements for prisoners who are

attempting to bring a civil action informa pauperis.
Under the Act, 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. 28 U.S.C.

§ l915(a)(1). 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. Id,
The entire fee to be paid in advance of filing a civil complaint at the time that PlaintitT
filed his complaint was $350.

A prisoner who is granted in forma pauperis status will be

assessed a filing fee of $350. Ifinformapauperis status is denied. the prisoner must pay the full
$350 filing fee before the complaint will be filed.
If the prisoner is granted inJrma pauperis status. the prisoner must pay the full amount
of the $350 filing fee as follows. 28 U.S.C.

§ 1915(b)(l). In each month that the amount in the

prisoner’s account exceeds $10.00, until the $350.00 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, payment equal to 20% of the preceding month’s income credited to the prisoner’s
account. 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 is: (1) 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. 28 U.S.C.

§ 1915(e)(2)(B). If the Court dismisses the case for any of

these reasons, the Act does not permit the prisoner to get his filing fee back.
If the prisoner has, on three or more prior occasions while incarcerated, brought an action
or appeal in a court that was dismissed on any of the grounds listed above, he cannot bring
another action informapauperis unless he is in imminent danger of serious physical injury. 28
U.S.C.

§ 1915(g).
In this action. Plaintiff failed to submit a complete in forma pauperis application as

required by 28 U. S.C. § 1 91 5(a)( 1). (2). including a certified account statement. While Plaintiff
did file an application to proceed in Jbrma pauperis, the certified copy of his inmate trust fund
account statement did not reflect the six-month period immediately preceding the filing of his

complaint, as required by 28 U.S.C.

§

1915(a)(2), The account certification form was only

certified until January 22, 2013.’
THEREFORE,itisonthis

dayof

1
Ai

,2014;

ORDERED that Plaintiffs request 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; Plaintiff is informed that administrative termination
is not a “dismissal” for purposes of the statute of limitations, and that if the case is reopened, it is
not subject to the statute of limitations time bar if it was originally filed timely, see Jenkins v,
Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (2013) (describing prisoner mailbox
rule generally); Dasilva v. Sheriffs Dept., 413 Fed.Appx. 498, 502 (3rd Cir. 2011) (“[The]
statute of limitations is met when a complaint is submitted to the clerk before the statute runs
..“);

and it is further
ORDERED that the Clerk of the Court shall send Plaintiff a blank form application to

proceed informapauperis; and it is further
ORDERED that if Plaintiff wishes to reopen this case, he shall so notif’ the Court, in
writing addressed to the Clerk of the Court, Mi. 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;
Plaintiffs

writing

shall include either (1) a complete, signed in forma pauperis application,

including a certified sixmonth prison account statement, or (2) the $350 filing fee; and it is
further

Plaintiffs undated complaint was not received by the Clerk of the Court until March 20, 2013,
nearly two months later.

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 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.

CLAIRE C. CECCH1
United States District Judge

4