WILCOX v. MARTINEZ

Filing 3

MEMORANDUM OPINION. Signed by Judge Kevin McNulty on 5/2/2018. (sm)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
RAHEEM WILCOX,

Civ. No. 18-8032 (KM) (CLW)

Plainti if,
v.

MEMORANDUM OPINION

SGT. J. MARTINEZ,
Defendant.

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 and, with it, an application to proceed informapauperis.

(ECFNos. 1, 1-1, 1-2.)
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.

§

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.
See Id.

§

l915(a)(2). The prisoner must obtain this statement from the appropriate official of

each prison at which he was or is confined. See id.
Even if a prisoner is granted in forma pauper/s 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 fonvard 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.

§

1915(b)(2). The

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).
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
Id.

§ 1915(g).
Mr. Wilcox’s application to proceed informapauperis included only three months of

certified prison account statements, not six as required by 28 U.S.C.

§ 1915(a)(2). Accordingly,

the Clerk of the Court will be ordered to administratively close the case. Mr. Wilcox may reopen
this action, however, by either paying the filing fee or submitting a complete inforniapauperis
application.

DATED:May2,2018

.

KEVIN Md’JULTY
United States District Judge