SANCHEZ v. HASKINS et al

Filing 2

MEMORANDUM AND ORDER that Pltf's request to proceed in forma pauperis is denied.The Clerk shall administratively terminate this case without filing the complaint or assessing a filing fee. The Clerk shall send Pltf a blank form application to proceed in forma pauperis and if Pltf wishes to reopen this case, he shall so notify the Court, in writing w/in 30 days of the date of entry of this Order; etc. Signed by Judge Claire C. Cecchi on 9/15/14. (sr, )

UNITED STATES 1)ISTRICT COURT
DISTRICT OF NEW JERSEY

T
JQ SANCHEZ,

Civil Action No. 14-3240 (CCC)
Plaintiff.
v.

MEMORANDUM AND ORDER

SGT. L. HASKINS. et al..
Defendants,

Plaintiff John Sanchez, a prisoner confined at East Jersey State Prison, seeks to bring this
civil action in forma pauperis, without prepayment of fees or security, asserting claims pursuant
to 42 U.S.C.
U.S.C.

§ 1983. The Prison Litigation Reform Act of

1995 (the “Act”), which amends 28

§ 1915, establishes certain financial requirements for prisoners who are attempting to

bring a civil action in jorma 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)(l). 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.

§ l915(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 he paid in advance of filing a civil complaint is S400. That fee includes
a filing fee of S350 plus an administrative fee of S50. for a total of 5400. A prisoner who is

granted in ,tbrma pauperis status will, instead, be assessed a filing fee of 5350 and will not be
responsible for the S50 administrative fee. If in /r,na pauperis status is denied, the prisoner

___

must pay the full $400, including the $350 filing fee and the $50 administrative fee, before the
complaint will be filed.
If the prisoner is granted informa pauperis status, the prisoner must pay the full amount
of the $350 filing fee as follows. 28 U.S.C.

§ 1915(b)(1). 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 camiot bring
another action injörma pauperis 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 formi pauperis application as

required by 28 U.S.C.

§

1915(a)(i). (2), Although he submitted an application to proceed in

forma pauperis. he did not include a certified account statement.

THEREFORE, it is on this

day

.2014;

ORDERED that Plaintiff’s request to proceed in /brma 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 tennination
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 u.
Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (2013) (describing prisoner mailbox
rule aenerally): Dasilva v. Sheri/fs Dept.. 413 Fed.Appx. 498. 502 (3rd Cir. 2011) ([Thej
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 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 $400 fee including the $350
filing fee plus the $50 administrative 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 förma pauper/s 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. CECCHI
United States District Judge