MAIR v. HICKSON et al
OPINION. Signed by Judge Kevin McNulty on 2/8/2017. (ld, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SHEROD HASTINGS MAIR, II, a/k/a
General Isa Au,
Civ. No. 17-0643 (KM) (JBC)
DAVE HICKSON, a/k/a Muhammad Dawood,
KEVIN MCNULTY, U.S.D.J.
The plaintiff is a federal prisoner proceeding pro se with a civil rights complaint. The
filing fee for a civil complaint is $400.00. If a prisoner-plaintiff is proceeding in forma pauperis,
the fee is $350.00, subject to being paid in instalments as described below.
A prisoner who seeks to bring a civil action informapauperis 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.
191 5(a)(l). 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.
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 date of the certification.”).
Even if a prisoner is granted informa pauperis status, he must pay the full amount of the
filing fee of $350.00. See 28 U.S.C.
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 it!.
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. That is, the Court is required to review the complaint
and dismiss it if it finds that the action is: (1) 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
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 in.formapauperis unless he is in imminent danger of serious physical injury. See
In this case, plaintiff has neither paid the $400.00 filing fee nor submitted an application
to proceed inJbrmapauperis. 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.
DATED: February 8,2017
K yIN MCNULTY
United States District Judge
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