PARRISH v. OCEAN COUNTY JAIL
Filing
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MEMORANDUM AND ORDER denying without prejudice Pltf's IFP application; that the Clerk shall administratively terminate this case; that the Clerk shall send Pltf a blank IFP application; that, if Pltf wishes to reopen this case, he shall so notify the Court in writing and include either a completed IFP application or the $350.00 filing fee; that the Clerk shall serve a copy of this Order upon Pltf by regular mail. Signed by Judge Freda L. Wolfson on 6/27/2012. (gxh)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
DERRICK PARRISH,
Plaintiff,
v.
OCEAN COUNTY JAIL,
Defendant.
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Civil No. 12-3581 (FLW)
MEMORANDUM AND ORDER
Plaintiff, currently confined at Ocean County Jail in Toms
River, New Jersey, seeks to bring a civil action in forma
pauperis,1 without prepayment of fees or security, asserting claims
pursuant to 42 U.S.C. § 1983.
The Prison Litigation Reform Act of
1995, Pub. L. No. 104-134, 110 Stat. 1321 (April 26, 1996) (the
“Act”), which amends 28 U.S.C. § 1915, establishes certain
financial requirements for prisoners who are attempting to bring a
civil action or file an appeal in forma pauperis.
Under the Act, a prisoner bringing a civil action in forma
pauperis must submit an affidavit, including a statement of all
assets, which states that the prisoner is unable to pay the fee.
28 U.S.C. § 1915(a)(1).
The prisoner also must submit a certified
copy of his inmate trust fund account statement for the 6-month
period immediately preceding the filing of his complaint.
U.S.C. § 1915(a)(2).
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The prisoner must obtain this statement from
Suits brought in forma pauperis are governed by 28 U.S.C. § 1915.
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the appropriate official of each prison at which he was or is
confined.
Id.
Even if the prisoner is granted in forma pauperis status, the
prisoner must pay the full amount of the $350 filing fee.
U.S.C. § 1915(b)(1).
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In each month that the amount in the
prisoner’s account exceeds $10.00, until the $350.00 filing fee is
paid, 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.
28 U.S.C. § 1915(b)(2).
Plaintiff may not have known when he submitted his complaint
that he must pay the filing fee, and that even if the full filing
fee, or any part of it, has been paid, the Court must dismiss the
case if it finds that the action is: (1) 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.
28 U.S.C. § 1915(e)(2)(B).
If the Court dismisses the
case for any of these reasons, the Act does not permit the prisoner
to get his filing fee back.
If the prisoner 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 forma pauperis unless he is in imminent danger of
serious physical injury.
28 U.S.C. § 1915(g).
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In this case, Plaintiff failed to submit a complete in forma
pauperis application as required by 28 U.S.C. § 1915(a)(1),(2).
Specifically, Plaintiff failed to provide a certified six month
account statement.
THEREFORE, it is on this
27th
day of
June , 2012;
ORDERED that Plaintiff’s application to proceed in forma
pauperis is hereby DENIED, without prejudice; and it is further
ORDERED that the Clerk of the Court shall administratively
terminate this case, without filing the complaint or assessing a
filing fee; 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 if it was originally filed timely, see
Houston v. Lack, 487 U.S. 266 (1988)(prisoner mailbox rule);
McDowell v. Delaware State Police, 88 F.3d 188, 191 (3d Cir. 1996);
see also Williams-Guice v. Board of Education, 45 F.3d 161, 163
(7th Cir. 1995); and it is further
ORDERED that the Clerk of the Court shall send Plaintiff a
blank form application to proceed in forma pauperis; and it is
further
ORDERED that if Plaintiff wishes to reopen this case, he shall
so notify the Court, in writing addressed to the Clerk of the
Court, 402 East State Street, Trenton, New Jersey 08608, within 30
days of the date of entry of this Order; Plaintiff’s writing shall
include either (1) a complete, signed in forma pauperis
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application, including a certified six-month prison account
statement, or (2) the $350 filing fee; 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 forma
pauperis application or filing fee, within the time allotted by
this Court, the Clerk of the Court will be directed to reopen this
case; and it is further
ORDERED shall serve a copy of this Order upon Plaintiff by
regular U.S. mail.
s/Freda L. Wolfson
FREDA L. WOLFSON
United States District Judge
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