GREENE v. LANIGAN et al

Filing 2

MEMORANDUM AND ORDER denying plaintiff's application to proceed in forma pauperis. Plaintiff may have the case case reopened, if, within 30 days of the date of the entry of this order, plaintiff either pre-pays the $400 filing fee or subm its to the Clerk a complete signed in in forma pauperis application on either the form supplied by the Clerk or in a document that contains all of the information that would be on the Clerk form. Upon receipt of a writing from plaintiff stating that he wishes to reopen this case, and either a complete in forma pauperis application or filing fee within the time allotted by this Court, the Clerk will be directed to reopen this case; etc. Signed by Judge Kevin McNulty on 7/24/17. (sr, )(N/M)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JOHN E. GREENE,

Civ. No. 17-5291 (KM) (JBC)

Plaintiff,
V.

DOC COMMISSIONER GARY LANIGAN.
etal.,

:

MEMORANDUM AND ORDER

Defendants.
The plaintiff, John E. Greene, is a civilly committed person proceeding prose with a civil
rights complaint filed pursuant to 42 U.S.C.

§ 1983. Mr. Greene has filed an application to

proceed in fönna paupens. However, his application to proceed inJónna pauper/s is not on the
ibrrn supplied by the Clerk. While this, in and of itself, does not mean that his application should
be denied, his application does not include all of the information that is called for by that form
and needed for this Court to make a proper and complete infonnapauperis determination.
Therefore, Mr. Greene’s application to proceed infonna pauper/s will be denied without
prejudice, and this matter will be administratively terminated. However. Mr. Greene shall have
the opportunity to reopen this action by filing an application to proceed infonnapauperis on the
form supplied by the Clerk (or one that includes all of the information required by that form)
within thirty days of the date of this order.
Accordingly, IT IS this 24th day of July, 2017,
ORDERED that plaintiff’s application to proceed informapauperis is denied without
prejudice; and it is further
ORDERED that the CLerk shall 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 is not subject to the statute of limitations time bar provided 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-pavs the S400 filing fee or submits
to the Clerk a complete signed

in fbnnapauperis

application on either the form supplied by the

Clerk or in a document that contains all of the information that would be on the Clerk fom; 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

in fornza pauperis

application or filing fee within the time

allotted by this Court, 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

infornia pauperis

by a non-prisoner in a civil

rights case.

ICEVTN MCNULTY
United States District Judge

U