SEARLES v. HOOPER
MEMORANDUM AND ORDER REOPENING CASE. Plaintiff's requests to proceed in forma pauperis are denied, and that if Plaintiff wishes to reopen this case, he shall so notify the Court, in writing, within 30 days of the date of entry of this Order. P laintiffs writing shall include either (1) a complete, signed informa pauperis application, including a proper certified six-month prison account statement, or (2) the $400 fee including the $350 filing fee plus the $50 administrati ve fee. 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 will be directed to reopen this case. The Clerk is directed to close this case. Signed by Judge Claire C. Cecchi on 1/4/17. (sr, )(N/M)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
STEVEN D. SEARLES,
Civil Action No. 16-2981 (CCC)
MEMORANDUM AND ORDER
Plaintiff Steven D. Searles, a prisoner currently confined under a work release program
located in Bridgeton, New Jersey, seeks to bring this civil action in forma pauperis (“IFP”),
without prepayment of fees or security, asserting claims pursuant to 42 U.S.C.
§ 1983. The Court
denied Plaintiffs first IfP application, due to Plaintiff having submitted a partial prison account
statement that did not cover the entire six-month period immediately preceding the filing of the
Complaint, as required by 28 U.S.C.
§ 1915(a). (ECF No. 2 at 2-3.) Plaintiff then filed a second
IFP application, (ECF No. 3), followed by an amended complaint with another amended IfP
application. (ECF No. 4.)
The Court has reviewed both the second IfP application and the amended IFP application,
and finds that they still do not meet the statutory requirements. In the second application, Plaintiff
includes no account statement at all, and in the amended application, Plaintiff includes an account
statement from the Central Reception and Assignment facility (“CRAF”), dating from August 19,
2016 to October 10, 2016.’ (ECF No. 4-2 at 3-4.) As the Court’s previous order stated, what is
The Court notes that Plaintiff has not filed a change of address with the Clerk, and the docket
still lists Plaintiff as residing at his work release program address, not the CRAF.
missing is the account information between April 22, 2016 and May 22, 2016, during which
Plaintiff was allegedly in a work release program.
(ECF No. 2-3.) The account statement
submitted as part of the amended application does not cover this time period, nor does it appear to
be for said work release program.
Puzzlingly, in the amended application, Plaintiff asserts that he was incarcerated at either
the Northern State Prison or the South Woods State Prison (“SWSP”) from November 24, 2011 to
February 11,2016, and at the CRAF from October 5,2015 to August 29, 2016. (ECF No. 4-1 at
2.) In other words, according to his own assertions, he was incarcerated at two separate penal
institutions simultaneously for more than four months. Also, while admitting he is now employed,
he does not declare his monthly income. (Id.) Indeed, according to the account statement from
the CRAF submitted with the amended application, there were transfers totaling $521.52 from his
SWSP account to his CRAF account during September of 2016, (ECF No. 4-2 at 3), money that
evidently was not in his SWSP account as of April 22, 2016, according to the account statement
he submitted with his initial IFP application. (See ECF No. 1-1 at 8.) This is further evidence of
potentially undisclosed income during the one-month gap that prompted this Court to deny the
first IFP application. Given these facts, the Court cannot grant the latest IFP application, as
Plaintiff has failed to satisfy the statutory requirements for submitting a proper six-month account
statement and a full declaration of income and assets.
IT IS therefore on this
ORDERED that this case is reopened to allow this Court to address Petitioner’s
application; it is further
ORDERED that Plaintiff’s requests to proceed in forma pauperis, ECF Nos. 3 & 4-1, are
hereby DENIED WITHOUT PREJUDICE; it is further
ORDERED that if Plaintiff wishes to reopen this case, he shall so notify the Court, in
writing, within thirty (30) days of the date of entry of this Order; Plaintiffs writing shall include
either (1) a complete, signed informa pauperis application, including a proper certified six-month
prison account statement, or (2) the $400 fee including the $350 filing fee plus the $50
administrative fee; Plaintiff is hereby notified that another defective application may result in a
denial with prejudice; 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 forma pauperis application or payment of the filing and
administrative fees within the time allotted by this Court, the Clerk will be directed to reopen this
case; it is further
ORDERED that the Clerk shall serve a copy of this Order upon Plaintiff by regular mail;
and it is further
ORDERED that the Clerk shall close the file in this matter.
Claire C. Cecchi, U.S.D.J.
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