JOHNSON v. RAJIV, MD et al
OPINION. Signed by Judge Kevin McNulty on 3/8/18. (sr, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civ. No. 18-3200 (1(M) (SCM)
DEEPA RAJIV et al.,
KEVIN MCNULTY, U.S.D.J.
Plaintiff, William Johnson, a state prisoner, filed pro se with the Court a civil-rights
complaint as well as an application to proceed in forum panperis. (ECF Nos. 1, 1-3.) As Mr.
Johnson’s inforinapauperis application is incomplete, it will be denied without prejudice and
this case will be administratively terminated.
A complaint must generally include either a $400.00 fee (a $350.00 filing fee plus a
$50.00 administrative fee) or an application to proceed informapauperis. 28 U.S.C.
1915(a). If a prisoner plaintiff is proceeding in forma pauperis, the $350.00 filing fee is still
assessed, but may be paid in installments as described below. 28 U.S.C.
A prisoner who seeks to proceed infonnapauperis must submit an affidavit, including a
statement of all assets, stating that the prisoner is unable to pay the applicable filing fee. See 28
1915(a)(1). 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.
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. 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 (I) 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 inforinapauperis 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 Id.
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 (1) is 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.
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 infonnapauperis unless he is in imminent danger of serious physical injury. See
In this case, Mr. Johnson has not paid the $400.00 filing fee, and his application to
proceed informapauperis is incomplete. Mr. Johnson does not indicate how much money he
earns from his institutional employment and he failed to include with his application a certified
six-month prisoner account statement. (See ECF No. 1-2.) Therefore, the application will be
denied without prejudice. Accordingly, the Clerk of the Court will be ordered to administratively
close the case. Mr. Johnson may reopen this action, however, by either paying the filing fee or
submitting a complete infonnapauperis application.
DATED: March 8,2018
KE INMCNUL Y
United States District Judge
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