ARCE v. RAFIQ
MEMORANDUM and ORDER Denying Plaintiff's application to proceed in forma pauperis; Administratively terminating this case; ORDERED that the Clerk of the Court send Plaintiff a blank IFP form; Ordering if Plaintiff wishes to reopen this case, h e shall notify this Court, in writing, within 30 days of the date of entry of this Order; Plaintiff's 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. Signed by Judge Peter G. Sheridan on 6/16/2016. (eaj)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 16-3339 (PGS)
MEMORANDUM AND ORDER
MATHEW LUN, et al.,
Plaintiff Juan Arce, an inmate currently confined at Mercer County Corrections Center in
Trenton, 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.
of 1995 (the “Act”), which amends 28 U.S.C.
§ 1983. The Prison Litigation Reform Act
§ 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 injormapauperis 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 his inmate trust fund account
statement for the six-month period immediately preceding the filing of his complaint. 28 U.S.C.
§ 1 91 5(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
inJirinapauperi.c status will, instead, be assessed a filing fee of $350 and will not be responsible
for the $50 administrative fee. If in/ormapauperis 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 informapauperis status, the prisoner must pay the full amount of
the $350 filing fee as follows. 28 U.S.C.
§ 1915(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.
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 failed to submit a complete in forma pauperis application as
required by 28 U.S.C.
§ 1915(a). Specifically, he did not submit a
certified prison account
statement for the six months immediately preceding the filing of the Complaint. See 28 U.S.C.
THEREFORE, it is on this
(6 day of
The Court also notes that the Complaint as written fails to state a claim upon which relief may be
granted pursuant to FED.R.Clv.P. 12(b)(6). The Plaintiff is advised that, in order to proceed past
screening, the Complaint must offer more than “threadbare recitals of a cause of action’s elements,
supported by mere conclusory statements.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal
ORDERED that Plaintiff’s 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 (3d Cir. 2013) (describing
prisoner mailbox rule generally); Dasilva v. Sheriffs Dep’t, 413 F. App’x 498, 502 (3d Cir. 2011)
(“[Thel statute of limitations is met when a complaint is submitted to the clerk before the statute
); 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, he shall so notify the Court, in
writing addressed to the Clarkson S. Fischer Building & U.S. Courthouse, 402 E. State Street,
Trenton, NJ 08608, within 30 days of the date of entry of this Order; Plaintiff’s writing shall
include either (1) a complete, signed informapauperis application, including a certified six-month
prison account statement, or (2) the $400 fee including the $350 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
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.
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