WILCOX v. MARTINEZ

Filing 2

MEMORANDUM OPINION. Signed by Judge Kevin McNulty on 05/02/2018. (ek)

UNiTED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
RAHEEM WILCOX,
Civ. No. 18-6099 (1KM) (CLW)

Plaintiff,
V.

MEMORANDUM OPINION

SGT. J. MARTTNEZ,
De fend ant.

KEVIN MCNULTY, U.S.D.J.
Plaintiff, Raheem Wilcox, a state prisoner, filed pro se with the Court a complaint
alleging claims under 42 U.S.C.

§ 1983. (ECF No. 1.) 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
infonnapaupens. 28 U.S.C.

§ 1914(a), 1915(a).

Mr. Wilcox’s complaint did not include either the $400.00 fee or a proper application to
proceed infonnapauperis) Accordingly, the Clerk of the Court will be ordered to

A prisoner who seeks to proceed rnfonnapaupens 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. §
1915(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. § 1915(a)(2). The prisoner
must obtain this statement from the appropriate official of each prison at which lie was or is confined. See
Id.
Even if a prisoner is granted infonnapauperis 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. § l915(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 (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. See Id. § 1915(e)(2)(,B);
see also Id. § 1915A(b).

administratively close the case. Mr. Wilcox may reopen this action, however, by either paying
the filing fee or submitting a complete informapauperis application.

DATED: May 2,2018
KEVIN MCNULTY
United Slates District Judge

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 aetion in
for,napauperis unless he is in imminent danger of serious physical injury. See Id. § 1915(g).