CARTER v. CITY OF NEWARK et al

Filing 2

OPINION. Signed by Judge Kevin McNulty on 7/22/15. (DD, )

UNITED STATES I)ISTRICT COURT
DISTRICT OF NEW JERSEY
‘I’ODD CARTER,
Plaintiff,

:

Civ. No. 15-5545 (KM) (JMC)

v.
OPINION
CITY OF NFWARK, et al.,
I)e fend ants,

KEViN MCNULTY, U.S.I).J.

The plaintiff, iodd Carter, is currently incarcerated at the Monmouth County
Correctional Institution in Freehold. New Jersey. He brings this pro se civil rights action
pursuant to 42 U.S.C.

§

1983. The Clerk will not tile a civil complaint unless the person seeking

relief pays the entire applicable filing IBe in advance or the person applies for and is granted
Jormapauperis status pursuant to 28 U.S.C.

§

in

1915. See L.Civ.R. 5.1(f). The tiling fee for a civil

complaint is $400.00. If a prisoner-plaintiff is proceeding

in

finrna pauperis, the fee is $350.00,

subject to being paid in instalments as described below. E’he Clerk has received the complaint,
but it will not he filed unless and until the plaintiff has either paid the thll filing fee or been

granted in Jörnia pauperis status.
A prisoner who seeks to bring a civil action in

Jörma

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.

§

191 5(a)(1). The prisoner must also submit a certified copy of his

inmate trust fund account statement for the six-month period immediately preceding the tiling 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 or is confined. See Id.; see also L.Civ,R. 81 .2(h)
(“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.”).
Even if a prisoner is granted
filing tee oC$350.0() in instalments.

in

förmu pczuperis status, he must pay the full amount of the

See

28 U.S.C.

§

l915(h)(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 flirward to the Clerk of the Court, payment equal to 20
(4) of the preceding month’s income credited to the prisoner’s account. See id.

§

1915(h)(2). l’he

deductions will continue until the $350.00 tiling fee is paid.
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 informapauperis unless he is in imminent danger of serious physical injury. See

id.

§

1915(g).
In this case, plaintiff has not paid the $400.00 filing fee. Furthermore, plaintiffs

application to proceed

in

/örrna pauperis is incomplete. Plaintiffs prisoner account statement has

not been certified by the appropriate prison official pursuant to L.Civ.R. 81.2(h). Therefore, his
application to proceed informa pauperis will be denied without prejudice and the Clerk will be
ordered to administratively close the case. Plaintiff may reopen this action, however, by either
paying the filing fee or submitting a complete in!hr,na pauperis application.

I note for the guidance of this pro ce plaintiff that, assuming that the complaint is
accepted for filing, the Court must review the complaint and dismiss it if it finds that the action

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is: (1) Irivolous or malicious; (2) fails to state a claim upon which relief may he granted; or (3)
seeks monetary relief against a defendant who is immune from such relief. See id.
191 5(e)(2)(13); see also id.

§

§ 191 5A(b).

Dated: .July 22, 2015

LTY
United States District Judge

3

UNITEI) STATES I)ISTRICT COURT
I)ISTRICT OF NEW JERSEV
TODD CARTER,
Plaintiff,

Civ. No. 155545 (KM) (JMC)

V.

ORI)ER
C1’I’Y OF NEWARK, et a!.,
Defendants.

For the reasons expressed in the Opinion filed herewith,
IT IS this 22d day of July, 2015,
ORDERED that plaintiffs application to proceed

infrrinupauperis

is denied without

prejudice; and it is fttrther
ORDERED that 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 införnlapauperis application, including a certified six-month
prison account statement; 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

formu pauperis application or filing fee, within the time

allotted by this Court, the Clerk will he directed to reopen this case; and it is further

OR!)EREI) 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 in/örmapaupeuis by a prisoner in a civil
rights case.

KEVIN MCNULTY
United States I)istrict Judge

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