BATTLE et al v. OMALLEY et al

Filing 2

OPINION. Signed by Judge Kevin McNulty on 9/29/2015. (anr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

KOCTRELL BAT1’LE,
Plaintiff,

Civ. No. 15-7037 (KM) (JBC)

V.

OPINION

JILL O’MALLEY, et al.,
I)efendants.

KEVIN MCNULTY, U.S.D.J.

Plaintiff, Todd Carter, is currently a pretrial detainee at the Union County Jail in
Elizabeth, New Jersey. He brings this prose civil rights action pursuant to 42 U.S.C.

§ 1983. 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 and is granted in fbrrna pauperis status pursuant to
28 U.S.C.

§ 1915. See

LCiv.R. 5.1(f). The filing fee for a civil complaint is $400.00. If a

prisoner-plaintiff is proceeding in jorma pauperis, the fee is $350.00, subject to being paid in
instalments as described below. The Clerk has received the complaint, but it will not he filed
unless and until the plaintiff has either paid the full filing lee or been granted in förrna pauperis
status.
A prisoner who seeks to bring a civil action in .förrna 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)(1). 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. 81.2(b) (“Whenever a Federal, State,

local prisoner submits a civil rights complaint.

•

.

the prisoner shall also submit an affidavit setting forth infhrmation 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 cerlifying (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 införmapauperis status, he must pay the full amount of the
filing fee of $350.00. See 28 U.S.C.

§

191 5(b)(l). In each month that the amount in the

prisoners account exceeds $10.00, the agency having custody of the prisoner shall assess, deduct
from the prisoner’s account, and lbrward 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.
Even if the necessary fees are paid and the complaint is accepted for filing, the Court may
nevertheless immediately dismiss the case. The Court must review the complaint and dismiss it if
it finds that the action is: (I) 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 Id.

§

1915(e)(2)(B); see also id.

§

1915A(b).

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 injör,napauperis 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/or/na pazlperis is incomplete. Plaintiff’s prisoner account statement has
not been certified by the appropriate prison official pursuant to L.Civ.R. 81.2(b). Therefore, his

application to proceed injörmapauperis will be denied without prejudice and the Clerk will he
ordered to administratively close the case. Plaintiff may reopen this action, however, by either
paying the filing fee or submitting a complete infor,na pauperis application.

I)ated: September 29, 2015
KEVIN MCNU JY
United States District Judge

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