AVILA v. STATE OF NEW JERSEY ex rel.

Filing 7

MEMORANDUM OPINION & ORDER that the Clerk shall reopen this matter by making a new and separate entry on the docket reading, CIVIL CASE REOPENED; denying Plaintiff's repeated application to proceed in this matter in forma pauperis, Docket Entry No. 5 , is denied with prejudice for the reasons stated in the Courts prior decision docketed as Docket Entry No. 2 ; Denying Plaintiff's 6 Motion seeking relief from the Court's prior decision; Administratively terminating this action; Ordering that Plaintiff may have this case reopened if, and only if, Plaintiff prepays his $350.00 filing fee within thirty days from the date of entry of this Order. Signed by Judge Joel A. Pisano on 3/18/2013. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

:
ABDIEL F. AVILA,
:

Civil Action No. 13-0779 (JAP)

Plaintiff,
:
v.
:

MEMORANDUM OPINION & ORDER

STATE OF NEW JERSEY, et al.,
:
Defendants.
___________________________________
1.

Plaintiff Abdiel F. Avila (“Plaintiff”), a state inmate presently confined at the New Jersey
State Prison, submitted for filing his civil complaint (“Complaint”) accompanied by his
application to prosecute it in forma pauperis under 28 U.S.C. § 1915. See Docket Entry No.
1. The Court denied Plaintiff in forma pauperis status on the grounds that Plaintiff had
incurred three strikes. See Docket Entry No. 2. The Court explained to Plaintiff that he may
not proceed in forma pauperis in this matter and has to prepay his filing fee of $350. See id.
In addition, the Court pointed out numerous deficiencies in Plaintiff’s pleading and clarified
that, in the event Plaintiff prepays his filing fee, he should submit his amended pleading in
conjunction with such prepayment. See id.

2.

In response, Plaintiff submitted: (a) an amended pleading, see Docket Entry No. 4; (b)
another in forma pauperis application, see Docket Entry No. 5; and (c) a motion seeking
relief from the Court’s prior order. See Docket Entry No. 6 (asserting that the Court has to
address Plaintiff’s amended pleading on merits). However, being subject to the operation
of the “three-strikes” rule, Plaintiff cannot litigate this matter (including the claims stated in
his amended pleading) until and unless he prepays his filing fee of $350.

IT IS, therefore, on this 18th day of March, 2013,
ORDERED that the Clerk shall reopen this matter by making a new and separate entry on
the docket reading, “CIVIL CASE REOPENED”; and it is further
ORDERED that Plaintiff’s repeated application to proceed in this matter in forma pauperis,
Docket Entry No. 5, is denied with prejudice for the reasons stated in the Court’s prior decision
docketed as Docket Entry No. 2; and it is further
ORDERED that Plaintiff’s motion seeking relief from the Court’s prior decision, Docket
Entry No. 6, is denied for the same reasons; and it is further
ORDERED that the Clerk shall administratively terminate this matter by making a new and
separate entry on the docket reading, “CIVIL CASE TERMINATED”; and it is further
ORDERED that Plaintiff may have this case reopened if, and only if, Plaintiff prepays his
$350.00 filing fee within thirty days from the date of entry of this Memorandum Opinion and Order;
and it is further
ORDERED that, in the event Plaintiff fails to prepay his $350.00 filing fee within thirty days
from the date of entry of this Memorandum Opinion and Order, the instant matter will be deemed
conclusively terminated without further notice to Plaintiff; and it is finally
ORDERED that the Clerk shall serve this Memorandum Opinion and Order upon Plaintiff
by regular U.S. mail.

/s/ Joel A. Pisano
JOEL A. PISANO
United States District Judge

Page 2 of 2