ROSIERE v. UNITED STATES OF AMERICA

Filing 64

MEMORANDUM ORDER Denying Plaintiff's Motion to proceed in forma pauperis without prejudice; if the Plaintiff wishes to proceed with his appeal he shall notify the Court with (1) a complete, signed in forma pauperis application, or (2) the $ 505 filing fee; Plaintiff's failure to timely submit an in forma pauperis application or the appropriate filing fee may cause the court of appeals to dismiss Plaintiff's appeal for failure to pay. Signed by Judge Brian R. Martinotti on 10/25/2017. (Blank application to proceed in forma pauperis mailed to Plaintiff via USPS.) (km)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
____________________________________
:
SHAUN ROSIERE,
:
:
Civil Action No. 16-0341-BRM-TJB
Plaintiff,
:
:
v.
:
:
MEMORANDUM ORDER
UNITED STATES OF AMERICA,
:
:
Defendant.
:
____________________________________:
THIS MATTER is before the Court on Plaintiff Shaun Rosiere’s (“Plaintiff”) Notice of
Appeal (ECF No. 63) as to this Court’s Order and Opinion dated October 12, 2017 (ECF Nos. 61
and 62), which included a “motion to proceed on appeal via in forma pauperis” (ECF No. 63 at 1).
Plaintiff’s application to proceed in forma pauperis states only, “Plaintiff seek [sic] to appeal as a
pro se in forma pauperis. If I need to file any additional document related to this case please see
case precedent listed below,” which presumably refers to Plaintiff’s inclusion of the following:
“Judicial Notice: Pursuant to B. Platsky v. CIA, 953 F. 2d 25, 26 26 [sic] (2d Cir. 1991), “Court
errs if court dismisses pro se litigant without instruction of how pleadings are deficient and how
to repair pleadings.” (ECF No. 63.)
Plaintiff’s submission fails to provide this Court with any information on which it may
make a determination on his in forma pauperis application. Accordingly, and for good cause
shown,
IT IS on this 25th day of October 2017,
ORDERED that Plaintiff’s motion to proceed in forma pauperis is DENIED WITHOUT
PREJUDICE; and it is further

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ORDERED that the Clerk’s Office mail to Plaintiff, by regular mail, a blank form
application to proceed in forma pauperis, and it is further
ORDERED that if Plaintiff wishes to proceed with his appeal, 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, Trenton, NJ 08608, within thirty (30) days of the date of entry of this Order;
Plaintiff’s written notice shall include either: (1) a complete, signed in forma pauperis application,
or (2) the $505 filing fee; and it is finally
ORDERED that Plaintiff’s failure to timely submit an in forma pauperis application or
the appropriate filing fee may cause the court of appeals to dismiss Plaintiff’s appeal for failure to
pay.
/s/ Brian R. Martinotti___________
HON. BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE

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