MAIR v. HICKSON et al

Filing 12

MEMORANDUM/ORDER REOPENING CASE; that plaintiffs application to proceed informa pauperis (Dkt. No. 11) is denied without prejudice; that the Clerk shall RE-ADMINISTRATIVELY TERMINATE this case; that plaintiff may have the above entitled case reopen ed, 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 in forma pauperis application, including a certified six-month prison account stat ement and complete affidavit; that the Clerk shall serve on plaintiff by regular U.S. mail a copy of this order and a blank form application to proceed informa pauperis by a prisoner in a civil rights case. Signed by Judge Kevin McNulty on 6/9/17. (DD, ) N/M

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SI-IEROD HASTINGS MAR, II a/k/a GENERAL
ISA ALl,
Plaintiff,

:

Civ. No. 17-0643 (KM) (JBC)

:

MEMORANDUM AND ORDER

v.
DAVE P. IIICKSON, a/k/a MUHAMMAD
DAWOOD, et al.,
Defendants.

Plaintiff is proceeding pro se with a civil rights complaint. Previously, this matter was
administratively terminated because plaintiff had not paid the filing fee or submitted a complete
application to proceed informapauperis. Plaintiff has now submitted another application to
proceed informapauperis. The Clerk will be ordered to reopen this case so it can be considered.
Plaintiff’s application to proceed informapauperis will be denied without prejudice. As I
explained in a previous opinion, plaintiff needs to get a prisoner account statement certified from
the appropriate prison official. (See Dkt. No. 2 at p.1) His most recent informapauperis
application does not include the required certified prisoner account statement. I will therefore
again deny the application without prejudice, and the case will again be administratively
terminated.
If plaintiff wishes to reopen the case, he must either (a) pay the $400 filing fee or (b)
submit a complete application to proceed informa pauperis, including a certified prisoner
account statement, within 45 days of the date of this order. If that occurs, the Court will proceed
to screen the amended complaint and rule on his request for the appointment of pro bono
counsel.

Accordingly, IT IS this 9th day of June, 2017,
ORDERED that the Clerk shall reopen this case; and it is further
ORDERED that plaintiffs application to proceed informa pauperis (I)kt. No. 11) is
denied without prejudice; and it is further
ORDERED that the Clerk shall re-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, it will be considered timely if 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 in forma pauperis application, including a certified six-month
prison account statement and complete affidavit; 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 införma pauperis application or filing fee within 45 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 a copy of this
order and a blank form application to proceed informa pauperis by a prisoner in a civil rights
case.

/n

/A
KEVIN MCNULTY
United States District Judge

2