HENDERSON v. UNION COUNTY N.J. et al

Filing 3

MEMORANDUM AND ORDER denying pltf's request to proceed in forma pauperis; administratively terminating this case w/out filing the complt. or assessing a filing fee; directing the Clerk to send pltf. a blank form application to proceed in forma pauperis; advising the pltf. that if she wishes to reopen this case he shall notify the Court in writing within 30 days from this order, etc.. Signed by Judge Madeline C. Arleo on 1/9/2015. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

TROY HENDERSON,
Civil Action No. 14-7708 (MCA)

Plaintiff,
v.

:

MEMORANDUM AND ORDER

UNION COUNTY N.J., et al.,
Defendants.

Plaintiff, confined at the Union County Jail, Elizabeth, New Jersey, seeks to bring
this
civil action informa pauperis, without prepayment of fees or security, asserti
ng claims pursuant
to 42 U.S.C.
U.S.C.

§

§

1983. The Prison Litigation Reform Act of 1995 (the ‘Act”), which amend 28
s

1915, establishes certain financial requirements for prisoners who are attemp
ting to

bring a civil action informapauperis.
Under the Act, a prisoner bringing a civil action injbrrnapauperis 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.

§

l9l5(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.

§

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 be paid in advance of filing a civil complaint is $400. That
fee includes
a filing fee of $350 plus an administrative fee of $50, for a total of $400. A prisone
r who is

____

___

granted informa pauperis status will, instead, be assessed a filing
fee of $350 and will not be
responsible for the $50 administrative fee. If informapauperis status
is denied, the prisoner
must pay the full $400, including the $350 filing fee and the $50 admin
istrative fee, before the
complaint will be filed.
If the prisoner is granted in formapauperis 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 credite
d 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 agains
t 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 Jörrnapauperis 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 informapauperis
application as
required by 28 U.S.C.

§

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

THEREFORE, it is on this

day

,

2015;

ORDERED that Plaintiffs request to proceed in jörmapauperis is hereby DENIE
D,
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 admin
istrative 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 ofLaurel Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 2013)
(describing prisoner
mailbox rule generally); Dasilva v. Sher[fs Dept., 413 F. App’x 498, 502
(3d 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 applica
tion 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;
Plaintiffs writing shall include either (1) a complete, signed informapaupe
ris 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 injörmapauperis application or payme
nt 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

3

ORDERED that the Clerk of the Court shall serve a copy of this Order upon Plainti
ff by
regular U.S. mail.

MADELINE C. ARLEO, District Judge
United States District Court

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