ROSE JR. v. GERTZMAN et al

Filing 2

MEMORANDUM/ORDER that Plaintiffs request to proceed in forma pauperis is hereby DENIED WITHOUT PREJUDICE; that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE this case, without filing the complaint or assessing a filing fee; that the Clerk of the Court shall send Plaintiff the form entitled Affidavit of Poverty and Account Certification (Civil Rights)(DNJ ProSe 007 A(Rev. 5/13)) to be used by Plaintiff in any future application to proceed informa pauperis; that if Plaintiff wishes to reopen this case, he shall so notify the Court in writing addressed to the Clerk of the Court; etc. Signed by Judge Claire C. Cecchi on 3/31/15. (DD, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

TROY R, ROSE JR.,
Civil Action No. 15-1604 (CCC)

Plaintiff,
v.

:

MEMORANDUM AND ORDER

DR. GLORIA GERTZMAN, et al..
Defendants.

Plaintiff Trov R. Rose Jr., a pretrial detainee currently confined at Essex County
Correctional Facility in Newark, New Jersey, seeks to bring this civil action
without prepayment of fees or security, asserting claims pursuant to 42 U.S.C.
Litigation Reform Act of 1995 (the “Act”), which amends 28 U.S.C.

in

,förma pauperis,

§ 1983. The Prison

§ 1915, establishes

financial requirements for prisoners who are attempting to bring a civil action

certain

injbrma pauperis.

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

§ 191 5(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
LS.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 is $400. That fee include
s
a tiling fee of $350 plus an administrative fee of $50, for a total of $400. A prisoner who is
granted
in/orina pauper/s

status will, instead, he assessed a filing fee of $350 and will not be responsible

for thc $50 admimsiratic tce 11

in toimapauperis

status is denied the piisoner must pa the full

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

§

amount of

1915(bXI). 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 forwar
d to the Clerk of the
Court, payment equal to 20% of the preceding month’s income credited to the
28 U.S.C.

prisoner’s account.

§ l915(bX2).

Plaintiffmay not have known when he submitted his complaint that he must pay
fee, and that even if the full filing fee, or any part of it, has been paid, the Court

the filing

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 immun

e from such

relief. 28 U.S.C. § 1915(eX2XB). Ifthe Court dismisses the case for any ofthes
e reasons, the Act
does not permit the prisoner to get his filing fee baclc
In this action, Plaintiff failed to submit a complete In forma pauperls applica
tion as
required by 28 U.S.C.

§

1915(a). Specifically, he failed to submit a certified six month prison

account statement See 28 U.S.C. § 191 5(aX2). Plaintiffsubmitted a copy ofhis
account statement
that is completely blacked out and illegible, therefore it is impossible for the

Court to review the

statement to determine if Plaintiff is eligible for informapauperis status.
THEREFORE. it is on this_31tday of

fl’La

r(jq

,

2015;

ORDERED that Plaintiff’s request to proceed in forma pauperis is hereby
DENIED
WITHOUT PREJUDICE; it is further

2

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 administrativ
e
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 prison
er
mailbox rule generally); Dasilva v, Sheriffs Dep ‘t, 413 F. App’x 498, 502 (3rd Cir. 2011)
([TheJ
statute of limitations is met when a complaint is submitted to the clerk before the statute runs
it is further
ORDERED that the Clerk of the Court shall send Plaintiff the form entitled Affidavit of
Poverty and Account Certification (Civil Rights)(DNJ ProSe 007 A(Rev. 5/13)) to be
used by
Plaintiff in any future application to proceed informa pauperis; 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, Martin Luther King Building & U.S. Courthouse,
50
Walnut Street, Newark, NJ 071018, within 30 days of the date of entry of this Order; Plainti
ffs
writing shall include either (1) a complete, signed in forma pauperis application, including
a
certified, readable six-month prison account statement. or (2) the $400 fee including the
$350 tiling
fee plus the $50 administrative fee; 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 for,na 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

ORI)ERED that the Clerk of the Court shall serve a copy of this Order upon
Plaintiff by
regular U.S. mail.

Claire C. Cecchi, U.S.DJ.