AZIZ v. UNION COUNTY PROSECUTOR FOR THE STATE OF NEW JERSEY
Filing
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OPINION (DD, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ABDUL AZIZ,
Plaintiff,
:
Civ. No. 15-364 (KM) (MAR)
V.
OPINION
UNION COUNTY PROSECUTOR FOR
THE STATE OF NEW JERSEY,
Defendaffi.
KEVIN MCNULTY, U.S.D.J.
Plaintiff, Abdul Aziz, is currently incarcerated at the Union County Jail in Elizabeth,
New Jersey. He brings this civil action pro se and is seeking in/brmapauperis status. The Clerk
will not file a civil complaint unless the person seeking relief pays the entire applicable filing fee
in advance or the person applies for arid is granted in jbrmapauperis status pursuant to 28 U.S.C.
§ 1915. See L.Civ.R. 5.1(f). The filing fee for a civil complaint is $400.00. If a prisoner-plaintiff
is proceeding informapauperis, the fee is $350.00, subject to being paid in instalments as
described below. The Clerk has received the complaint, but it will not be filed unless and until
the plaintiff has either paid the full filing fee or been granted inJrmapauperis status.
By statute, a prisoner who seeks to bring a civil action injörrna pauperis must submit an
affidavit, including a statement of all assets, which states that the prisoner is unable to pay the
applicable filing fee. See 28 U.S.C.
§ 1915(a)(l). The prisoner must also submit a certified copy
of his inmate trust fund account statement for the six-month period immediately preceding the
filing of his complaint. See id.
§ 1915(a)(2). The prisoner must obtain this statement from the
appropriate official of each prison at which he was confined in that six-month period. See Id.; see
also L.Civ.R. 8 1.2(b) (“Whenever a Federal, State, or local prisoner submits a civil rights
complaint
.
.
.
the prisoner shall also submit an affidavit setting forth information which
establishes that the prisoner is unable to pay the fees and costs of the proceedings and shall
further submit a certification signed by an authorized officer of the institution certifying (1) the
amount presently on deposit in the prisoner’s prison account and, (2) the greatest amount on
deposit in the prisoner’s prison account during the six-month period prior to the date of the
certification.”).
In this case, Mr. Aziz’s införmapauperis application is incomplete as his affidavit does
not include a statement of all his assets. Furthermore, his injörrna pauperis application does not
include a certified copy of his inmate trust fund account statement for the six-month period
immediately preceding the filing of his complaint.
Even if a prisoner is granted informapauperis status, he must eventually pay the full
amount of the filing fee of $350.00. See 28 U.S.C.
§ 1915(b)(l). In each month that the amount
in the prisoner’s account exceeds $10.00, 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. See id.
§ 1915(b)(2). The
deductions will continue until the $350.00 filing fee is paid.
The plaintiff is further advised that, even if the necessary fees are paid and the complaint
is accepted for filing, the Court may nevertheless immediately dismiss the case. The relevant
statute requires the Court to review the complaint and dismiss it 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 See Ed.
also id.
§ 191 5A(b).
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§ 1915(e)(2)(B); see
If the plaintiff 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 formapauperis unless he is in imminent danger of serious physical injury. See
id.
§ 1915(g).
in this case, Mr. Aziz has not paid the $400.00 filing fee nor has he submitted a complete
application to proceed in formapauperis. Therefore, the Clerk will he ordered to
administratively close the case. Mr. Aziz may reopen this action, however, by either paying the
filing fee or submitting a complete informapauperis application.
Dated: September 23, 2015
United States I)istrict Judge
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