KADONSKY v. AHSAN, ET AL.

Filing 25

MEMORANDUM AND ORDER Denying Plaintiff's application to proceed in forma pauperis 24 ; Ordering the Clerk to send another Affidavit of Poverty and Account Certification. Signed by Judge Michael A. Shipp on 8/4/2015. (eaj) Modified on 8/4/2015 (eaj, ).

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY STEVEN KADONSKY, Civil Action No. 14-7248 (MAS) Plaintiff, v. MEMORANDUM AND ORDER ABU AHSAN, et al., Defendants. Plaintiff Steven Kadonsky, a prisoner currently confined at the New Jersey State Prison in Trenton, New Jersey, seeks to proceed in this civil action informa pauperis, without prepayment of fees or security, asserting claims pursuant to 42 U.S.C. § 1983. The Prison Litigation Reform Act of 1995 (the "Act"), which amends 28 U.S.C. § 1915, establishes certain financial requirements for prisoners who are attempting to bring a civil action informa pauperis. Under the Act, a prisoner bringing a civil action informa 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)(l). The prisoner also must submit a certified copy of his inmate trust fund account statement for the six-month period immediately preceding the filing of his complaint. 28 U.S.C. § 1915(a)(2). The prisoner must obtain this statement from the appropriate official of each prison at which he was or is confined. Id. Here, Plaintiffs application does not meet the requirements of 28 U.S.C. § 1915(a). Specifically, Plaintiff failed to submit a certified copy of his inmate trust fund account statement for the six-month period immediately preceding the filing of his complaint in this Court. Plaintiff submits an account statement dating from January 10, 2015 to July 10, 2015, but the Complaint was removed to this Court on November 20, 2014. This does not meet the statutory requirements. Plaintiff must submit an account statement for the period between May 20, 2014 and November 20, 2014. /~ ,J(i( IT IS therefore on this Lf · A day of---'(::+-.)__ <_.,z__,_j1=-.J_AY_·fr' _ _ _ _ _ _, 2015, _ ORDERED that Plaintiffs application to proceed in forma pauperis, (ECF No. 24), is hereby DENIED WITHOUT PREJUDICE; it is further ORDERED that the Clerk of the Court shall send Plaintiff the form entitled Affidavit of Poverty and Account Certification (Civil Rights)(DNJ ProSe 007 A(Rev. 5/13)) to be used by Plaintiff in any future applications to proceed in forma pauper is; it is further ORDERED that the Clerk of the Court shall serve a copy of this Order upon Plaintiff by regular U.S. mail. Michael A. Shipp~U.S.D.J. 2

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