ROSE JR. v. GERTZMAN et al

Filing 5

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 o f 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 in forma pauperis; that if Plaintiff wishes to reopen this case, he shall so notify the Court, in writing addressed to the Clerk of the Court within 30 days of the date of entry of this Order; etc. Signed by Judge Claire C. Cecchi on 1/14/16. (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 Troy R. Rose Jr., a pretrial detainee currently confined at Essex County
Correctional Facility in Newark, New Jersey, seeks to bring this civil action in forma pauperis,
without prepayment of fees or security, asserting claims pursuant to 42 U.S.C. § 1983. The Court
previously denied his application for in forma pauperis because "Plaintiff submitted a copy of his
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 in forma pauperis status."
(ECF No. 2 at 2.)
Presently before the Court is Plaintiffs second application for in forma pauperis status,
which again contains a copy of an account statement that is blacked out and illegible. This Court
regularly receives federal and state inmate account statements in connection with in forma

pauperis applications. The overwhelming majority of account statements received by this Court
are perfectly readable.

The Court, therefore, cannot understand why Plaintiff has difficulty

obtaining a legible copy of his account statement. If Plaintiff has valid reasons that prevent him
from obtaining a readable account statement, Plaintiff may explain to the Court in writing.

THEREFORE, it is on this

i Y day of

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ORDERED that Plaintiffs request to proceed in forma pauperis is hereby DENIED
WITHOUT PREJUDICE; 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 oflimitations time bar if it was originally filed
timely, see Jenkins v. Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 2013)
(describing prisoner mailbox rule generally); Dasilva v. Sheriffs Dep 't, 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 .... "); 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 in forma 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; Plaintiffs
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 filing
fee plus the $50 administrative fee; it is further
ORDERED that if Plaintiff has valid reasons why he cannot obtain a legible copy of his

prison account statement, Plaintiff may submit to this Court a written letter explaining those
reasons; it is further

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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 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, U.S.D.J.

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