ELLIS v. ESSEX COUNTY PROSECUTORS OFFICE et al

Filing 2

OPINION. Signed by Judge Kevin McNulty on 7/8/2016. (nr, )

UNITED STATES I)ISTRICT COURT
1)ISTRICT OF NEW JERSEY

CLARENCE ELLIS,
Plaintiff,

Civ. No. 16-3849 (KM) (JI3C)

V.

ESSEX COUNTY PROSECUTORS OFFICE,
et al.,

:

OPINION

Defendants.

KEVIN rVICNULTY, U.S.D.J.

Plaintiff is a state prisoner proceeding pro se with his civil rights complaint filed pursuant
to 42 U.S.C.

§

1983. The tiling fee for a civil complaint is $400.00. If a prisoner-plaintiff is

proceeding in formapauperis, the fee is $350.00, subject to being paid in installments as
described below.
A prisoner who seeks to bring a civil action informa 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.

§

191 5(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(b)
(“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 dale of the certification.”).
Even if a prisoner is granted
filing fee of $350.00. See 28 U.S.C.

informapauperis

status, he must pay the full amount of the

§ 1915(b)(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 forward 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: (1) frivolous or malicious; (2) fails to slate a claim upon which relief
may he granted; or (3) seeks monetary relief against a defendant who is immune from such
relief. See Id.

§ 1915(e)(2)(B); see a/sold. § 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 informapauperis unless he is in imminent danger of serious physical injury. See
Id.

§ 1915(g).

2

In this case, plai ntifT has not paid the $400.00 filing fee. Furthermore, his application to
proceed informapauperis is incomplete. Plaintiff has not included an affidavit of poverty nor
has he had his inmate account statement certified by the appropriate prison official. Therefore,
the application to proceed informapauperis will be denied without prejudice. Accordingly, 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 informapauperis application.

DAIEI) July

,

//

2016

I
I,

/
/

KEVIN MCNULTY
United States District Judge

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