RIGGINS v. MIDDLESEX COUNTY PROSECUTORS OFFICE et al

Filing 5

MEMORANDUM AND ORDER denying Pltf's request to proceed in forma pauperis. The Clerk is directed to administratively terminate this case w/out filing the complaint or assessing a filing fee. The Clerk shall send Pltf a blank form application to proceed in forma pauperis. If Pltf wishes to reopen this case, he shall so notify the Court in writing w/in 30 days of the entry of this Order; etc. Signed by Judge Claire C. Cecchi on 10/30/13. (sr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

THOMAS RIGGINS,
Civil Action No. 13-1810 (CCC)
Plaintiff,
v.

:

MEMORANDUM AND ORDER

MIDDLESEX COUNTY
PROSECUTORS OFFICE, et al.,
Defendants.

Plaintiff Thomas Riggins, a prisoner confined at Middlesex Adult Correction Center,
seeks to bring this civil action

in

forma

asserting claims pursuant to 42 U.S.C.
“Act”), which amends 28 U.S.C.

§

§

pauperis,

without prepayment of fees or security,

1983. The Prison Litigation Reform Act of 1995 (the

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.

§

1915(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. § 191 5(a)(2). The prisoner must obtain this statement from the appropriate
official of each prison at which he was or is confined. Id.

1

The fee to be paid in advance of filing a civil complaint at the time Plaintiff made his
filing was S350.’ A prisoner who is granted in forma pauperis status will be assessed a filing fee
of $350. If in forma pauperis status is denied, the prisoner must pay the full $350 filing fee
before the complaint will be filed.
If the prisoner is granted in forma pauperis status, the prisoner must pay the full amount
of the $350 filing fee as follows. 28 U.S.C.

§ l915(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.

§ l9l5b)(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 in forma pauperis unless he is in imminent danger of serious physical injury. 28
U.S.C.

§

1915(g).

The entire fee now includes a filing fee of $350 plus an administrative fee of $50, for a total of
$400.
2

In this action, Plaintiff failed to submit a complete in forma pauperis application as
required by 28 U.S.C.

§

1915(a)(l), (2), including a certified account statement. While Plaintiff

did submit an account statement, it was not certified as required by 28 U.S.C.
THEREFORE. it is on this

day of

C

,

§

l915(a)(2).

2013:

ORDERED that Plaintiffs request to proceed in Jbrrna 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 informa pauperis; 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 Jerse, 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 six-month prison account statement, or (2) the $350 filing fee; and it is
further

3

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 fee 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,

z

CLAIRE C. CECCHI
United States District Judge

4