STEELE v. LISZCZAK et al

Filing 2

MEMORANDUM AND ORDER that Plaintiffs request to proceed in forma pauperis is hereby DENIED, without prejudice; that the Clerk of the Court shall administratively terminate this case, without filing the complaint or assessing a filing fee; that the Cl erk of the Court shall send Plaintiff a blank form application to proceed in forma pauperis; that if Plaintiff wishes to reopen this case, he shall so notify the Court, in writing within 30 days of the date of entry of this Order; that upon receipt o f a writing from Plaintiff stating that he wishes to reopen this case, and either a complete in forma pauperis application or payment of the filing and 3 administrative fees within the time allotted by this Court, the Clerk of the Court will be directed to reopen this case. Signed by Judge Michael A. Shipp on 12/12/2014. (jjc)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

YUSEF STEELE,
Civil Action No. 14-7389 (MAS)
Plaintiff,

v.

MEMORANDUM AND ORDER

GREGORY LISZCZAK, et al.,
Defendants.

Plaintiff Yusef Steele, an inmate confined at the East Jersey State Prison in Rahway, New
Jersey at the time he submitted this Complaint, seeks to bring 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 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)(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.
The entire fee to be paid in advance of filing a civil complaint is $400. That fee

include~

a filing fee of $350 plus an administrative fee of $50, for a total of $400. A prisoner who is

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granted in forma pauper is status will, instead, be assessed a filing fee of $3 50 and will not be
responsible for the $50 administrative fee. If in forma pauperis status is denied, the prisoner
must pay the full $400, including the $350 filing fee and the $50 administrative fee, before the
complaint will be filed.
If the prisoner is granted in forma pauperis status, the prisoner must pay the full amount

of the $350 filing fee as follows. 28 U.S.C. § 1915(b)(l). 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).
In this action, Plaintiff failed to submit a complete in forma pauperis application as
required by 28 U.S.C. § 1915(a)(l), (2), including a certified account statement. In particular,

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Plaintiff failed to submit his six-month prison account statement with an account certification
signed by an authorized prison official.

fft
THEREFORE, it is on this / )-

day of December, 2014;

ORDERED that Plaintiffs request 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 Jenkins v.

Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (2013) (describing prisoner mailbox
rule generally); Dasilva v. Sheriffs Dept., 413 F. App'x 498, 502 (3rd Cir. 2011) ("[The] statute
of limitations is met when a complaint is submitted to the clerk before the statute runs .... "); 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, Clarkson S. Fisher Building & U.S. Courthouse, 402
East State Street, Room 2020, Trenton, New Jersey 08608, within 30 days of the date of entry of
this Order; Plaintiffs writing shall include either (1) a complete, signed in forma pauperis
application, including a certified six-month prison account statement, or (2) the $400 fee
including the $3 50 filing fee plus the $50 administrative 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 payment of the filing and

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administrative fees within the time allotted by this Court, the Clerk of the Court will be directed
to reopen this case; and 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
United States District Judge

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