SERRANO v. NEW JERSEY DEPARTMENT OF CORRECTIONS

Filing 3

OPINION. Signed by Judge Kevin McNulty on 10/26/2017. (JB, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ALBERT SERRANO JR.,
Plaintiff.

:

Civ. No. 17-4685 (KM) (MAH)

:

OPINION

V.

NEW JERSEY DEPARTMENT OF
CORRECTIONS.
Defendant.

KEVIN MCNULTY, U.S.D.J.
Plaintiff, a state prisoner, filed pro se with the Court a civil-rights complaint as well as an
application to proceed in foruzapauperis. As plaintiff’s inforniapauperis application is
incomplete, it will be denied without prejudice and this case will be administratively terminated.
The general filing fee for a civil complaint is $400.00. If a prisoner-plaintiff is proceeding
infonnapauperis, the fee is $350.00, payable in installments as described below.
A prisoner who seeks to proceed informapauperis must submit an affidavit, including a
statement of all assets, stating that the prisoner is unable to pay the applicable filing fee. See 28
U.S.C.

§

191 5(a)( I). 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 fri.

§

1915(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. 8 1.2(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 date of the certification.”).
Even if a prisoner is granted informapauperis status, he must pay the full amount of the
filing fee of $350.00. See 28 U.S.C.

§

1915(b)(1). 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 (I) is frivolous or malicious, (2) fails to state a claim upon which relief
maybe granted, or (3) seeks monetary relief against a defendant who is immune from such relief.
See Id.

§ 19l5(e)(2)(B); see also

id.

§ 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 in forinapauperis unLess he is in imminent danger of serious physical injury. See
Id.

§ 1915(g).
In this case, plaintiff has not paid the $400.00 filing fee, and his application to proceed in

forina pauper/s is incomplete. Plaintiff failed to include with his application a certified six-month
prisoner account statement. Therefore, the application will be denied without prejudice.
Accordingly, the Clerk of the Court will be ordered to administratively close the case. Plaintiff

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may reopen this action, however, by either paying the filing fee or submitting a complete in
forum pauperis application.

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DATED: October 26, 2017

KE1/IN MCNULW
United States District Judge

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