KOUTSOGIANNIS v. OCEAN COUNTY DEPT. OF CORRECTIONS et al
MEMORANDUM ORDER denying application for in forma pauperis and administratively terminating case; 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. Signed by Judge Michael A. Shipp on 12/1/2015. (kas, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
V ASILIO KOUTSOGIANNIS,
Civil Action No. 15-8331 (MAS)
MEMORANDUM AND ORDER
OCEAN COUNTY DEPT. OF
CORRECTIONS, et al.,
Plaintiff Vasilio Koutsogiannis, a prisoner currently confined at the South Woods State
Prison in Bridgeton, New Jersey, seeks to bring this civil action in forma 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.
The entire fee to be paid in advance of filing a civil complaint is $400. That fee includes
a filing fee of$350 plus an administrative fee of$50, for a total of$400. A prisoner who is granted
in forma pauperis 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
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.
In this action, Plaintiff fails to submit a complete in forma pauperis application as required
by 28 U.S.C. § 1915(a). Specifically, Plaintiff fails to submit a proper six-month prison account
statement. Plaintiff submits an account statement dating from May 14, 2014 to July 22, 2015, and
certified by a prison official on August 1, 2015, while the Complaint was filed on November 30,
2015, and dated October 26, 2015. This does not satisfy the statutory requirement that Plaintiff
must submit a six-month statement for the period immediately preceding the filing of the.
Complaint. Assuming Plaintiff actually mailed his Complaint on October 26, 2015, Plaintiff was
required to submit an account statement dating from April 25, 2015 to October 25, 2015.
-;\ . /.
IT IS therefore on this _ _ _ _ _ day of_~=---=->o.~""'1'.:::;_,w>:WLC:....- _ _ _ _ _, 2015;
ORDERED that Plaintiffs request to proceed in forma pauperis is hereby DENIED
WITHOUT PREJUDICE; 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
ifthe 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 (3d Cir. 2013)
(describing prisoner mailbox rule generally); Dasilva v. Sheriffs Dep't, 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 .... "); 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 application to proceed in forma pauperis; 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 proper certified six-month prison account statement, or (2) the $400 fee
including the $350 filing fee plus the $50 administrative fee; 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
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.
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