RICKETTS v. WEEHAWKEN POLICE DEPARTMENT et al

Filing 7

MEMORANDUM/ORDER REOPENING CASE; that Plaintiffs application to proceed informa pauperis is denied without prejudice; that the Clerk shall again CLOSE the file and ADMINISTRATIVELY TERMINATE this case; that plaintiff may have the above entitled cas e reopened, 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 in forma pauperis application on the non-prisoner form; that upon receipt of e ither the filing fee or a completed informa pauperis application within 30 days, the Clerk will be directed to reopen this case; that the Clerk shall serve on plaintiff by regular U.S. mail: (1) this Order; and (2) a blank form application to proceed in forma pauperis by a non-prisoner in a civil rights case. Signed by Judge Kevin McNulty on 9/29/16. (DD, ) N/M

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
DAMION RICKETTS,
Plaintiff,

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Civ. No. 16-4846 (KM) (MAH)

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MEMORANDUM AND ORDER

V.

WEEHAWKEN POLICE DEPARTMENT, et al.,
Defendants.

This matter was previously administratively terminated because Plaintiff had not paid the
filing fee and his application to proceed in formapauperis was incomplete. Thereafter, Plaintiff
filed another application to proceed informapauperis on the form for prisoners. Plaintiff has
filed a notice of change of address, however, that indicates he is no longer incarcerated. Different
rules and procedures apply to prisoners and non-prisoners applying for inforinapauperis status.
Accordingly, the plaintiff’s pending application to proceed informapauperis will be denied
without prejudice and he will be granted leave to either pay the filing fee or submit another
application to proceed in forma pauperis on the form for non-prisoners supplied by the Clerk.
Therefore, IT IS this 29th day of September, 2016,
ORDERED that the Clerk shall reopen this case; and it is further
ORDERED that Plaintiffs application to proceed informa pauperis is denied without
prejudice; and it is further
ORDERED that the Clerk shall again close the file and administratively terminate this
case. Plaintiff is informed that administrative termination is not a “dismissal” for purposes of the
statute of limitations, and that if the case is reopened, the original filing date will be considered
the relevant date for statute of limitations purposes. And it is further

ORDERED that plaintiff may have the above entitled case reopened, it 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 in forma pauperis application on the non-prisoner form; and it is
further
ORDERED that upon receipt of either the filing fee or a completed informa pauperis
application within 30 days, 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) this Order;
and (2) a blank form application to proceed in formapauperis by a non-prisoner in a civil rights
case.

K&
United States District Judge

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