NKANSAH v. HUDSON COUNTY JAIL et al

Filing 2

MEMORANDUM & ORDER, Plaintiff's application to proceed in forma pauperis is denied without prejudice; The Clerk 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, etc.. Signed by Judge Kevin McNulty on 5/14/2015. (anr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

FELIX NKANSAH,
Civ. No. 15-3277 (KM) (MAH)
Plaintiff,
MEMORANDUM ANI) ORDER
V.

HUI)SON COUNTY JAIL, et al.,
Defendants.
Plaintiff, Felix Nkansah, is currently an immigration detainee at the J-Iudson County
Correctional Center in Kearny, New Jersey. Fle brings this pro se civil rights action under 42
U.S.C.

§

1983. The Clerk will not file a civil complaint unless the person seeking relief either

pays the entire applicable filing fee in advance or else applies for and is granted infrrma
pauperis status pursuant to 28 U.S.C.

§

1915. See L.Civ.R. 5.1(f). The filing fee foracivil

complaint is $400.00.
Plaintiff’s application to proceed informapauperis is incomplete; it does not include an
affidavit that sets forth in detail that plaintiff is unable to pay the filing fee. Therefore, the
application will be denied without prejudice and this matter will be administratively terminated.
Plaintiff shall be given the opportunity to reopen this case by either paying the $400.00 filing fee
or submitting a complete application to proceed injörma pauperis.
Accordingly, IT IS this 14th day of May, 2015,
ORDERED that plaintiff’s application to proceed in firma pauperis is denied without
prejudice; and it is fttrther
ORI)EREI) that the Clerk 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 of limitations time bar provided the original complaint was timely; and it is
further
ORDERED that plaintiff may have the above entitled case reopened, if, within thirty (30)
days of the date of the entry of this Order, plaintiff either pre-pays the $400 filing fee or submits
to the Clerk a complete signed informa pauperis application; 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 /àrma pauperis application or filing fee, within the time
allotted by this Court, the Clerk will be directed to reopen this case; and it is further
ORDERED that the Clerk shall serve on plaintiff by regular U.S. mail: (1) the Opinion
and Order; and (2) a blank form application to proceed informapauperis by a non-prisoner.

½cJ

KEVIN MCNULTY
United States District Judge

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