HARRIS v. BUREAU OF PAROLE CORRECTIONS et al
Filing
2
MEMORANDUM ORDER that the Application for In Forma Pauperis is Denied; ORDERED that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE this case, without filing the complaint; ORDERED that if Plaintiff wishes to reopen this case, she 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, Trenton, NJ 08608, within 30 days of the date of entry of this Order. Signed by Judge Peter G. Sheridan on 2/9/2016. (kas, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
GOLDA B. HARRIS,
Civil Action No. 16-29 1 (PGS)
Plaintiff,
v.
MEMORANDUM AND ORDER
BUREAU OF PAROLE CORR., et at.,
Defendants.
Plaintiff Golda Harris, a convicted and sentenced prisoner currently confined at Edna Mahon
Correctional Facility in Clinton, 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.
Litigation Reform Act of 1995 (the “Act”), which amends 28 U.S.C.
§
§
1983. The Prison
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 informapauperis 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 her inmate trust fund account
statement for the six-month period immediately preceding the filing of her complaint. 28 U.S.C.
§
1915(a)(2). The prisoner must obtain this statement from the appropriate official of each prison at
which she 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 $350 and will not be responsible for
the $50 administrative fee. If informapauperis 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.
§ 191 5(b)( 1). 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 she submitted her complaint that she 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 her filing fee back.
In this action, Plaintiff failed to submit a complete informa pauperis application as required
by 28 U.S.C.
§ 19 15(a). Specifically, Plaintiff’s certified account statement is not for the six months
immediately preceding the filing of the Complaint. See 28 U.S.C.
§
1915(a)(2).
While this Court caunot rule out the possibility that Plaintiff was unable to obtain the signature
of an authorized prison official certifying her account and a copy of her account statement for the six
months immediately preceding the filing of the Complaint, Plaintiff must provide a certification
specifying the names and titles of authorized prison officials whom she approached with requests for
a certified copy of her account statement for the six month period immediately preceding the filing
of her Complaint; the dates of these requests; and the reasons these authorized prison officials gave
to Plaintiff in connection with their decisions to decline her requests. Upon being presented with
Plaintiff’s certification to that effect, this Court would be in the position to determine whether it
should excuse Plaintiff’s failure to obtain an authorized prison official’s signature and a current copy
of her account statement, or whether the Court should conduct an additional inquiry into this matter.
2
______day
THEREFORE, it is on this
of
,
2016;
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 ofLaurel 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 (3d 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 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 informapauperis; and it is further
ORDERED that if Plaintiff wishes to reopen this case, she 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, Trenton, NJ 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 prison
account statement for the six months immediately preceding the filing of the Complaint (or Plaintiffs
certification detailing her efforts with regard to obtaining that signature and account statement and
the reasons she was given by the approached prison officials as to their decisions to decline of her
requests), or (2) the $400 fee including the $350 filing fee plus the $50 administrative fee; and it is
further
3
ORDERED that upon receipt of a writing from Plaintiff stating that she wishes to reopen this
case, and either a complete informapauperis 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 finally
ORDERED that the Clerk of the Court shall serve a copy of this Order upon Plaintiff by
regular U.S. mail.
Peter G. Sheridan, U.S.D.J.
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?