CORRADI v. NEW JERSEY STATE PAROLE BOARD et al

Filing 2

MEMORANDUM and ORDER that Plaintiff's request to proceed in forma pauperis is 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 Clerk of the Court shall send Plaintiff the blank form applications to proceed in forma pauperis for both prisoners and non-prisoners; 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. Signed by Judge Freda L. Wolfson on 9/6/2016. (mmh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
LOUIS CORRADI,

Civil Action No. 16-5076(FLW)

Plaintiff,
v.

MEMORANDUM AND ORDER

NEW JERSEY STATE PAROLE BOARD,
et al.,
Defendants.

This matter has been opened to the Court by Plaintiff’s filing of an action pursuant to 42
U.S.C. § 1983 and an application to proceed in forma pauperis (“IFP application”). It appearing
that:
Plaintiff’s Complaint and IFP application are dated July 22, 2016. (ECF No. 1, Compl. at
7; ECF No. 1-1, IFP application at 2.) In his IFP application, Plaintiff indicates that he is both a
convicted prisoner and a pretrial detainee, and he includes in the IFP application an uncertified
prison account statement from Central Reception and Assignment Facility (“CRAF”). (ECF No.
1-1.) The uncertified account statement covers the period from December 15, 2015 to June 15,
2016, which is not the sixth-month period immediately preceding the commencement of this
litigation. (Id. at 3-14.) Plaintiff’s submissions were docketed with this Court on August 17,
2016, and appear to have been mailed from a private address. See ECF No. 1-2.) As such, it is
not clear to the Court whether Plaintiff was a prisoner at the time he mailed his Complaint or if
he had been released from prison at the time he mailed his Complaint.
If Plaintiff was not a prisoner at the time he filed his Complaint, he need not submit a
prison statement with his IFP application; however, the Court cannot grant his current IFP
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application because it does not provide sufficient information for the Court to assess whether he
is indigent. As such, the Court will direct the Clerk of the Court to send Plaintiff an application
to proceed in forma pauperis for non-prisoners (AO 239) (Long Form). If Plaintiff is a nonprisoner, he must fill out the non-prisoner IFP application (AO 239) (Long Form) completely so
that the Court can assess whether he is indigent.
If Plaintiff was a prisoner at the time he mailed his Complaint, he must comply with
certain additional requirements of The Prison Litigation Reform Act of 1995 (the “Act”), which
amends 28 U.S.C. § 1915. The Act 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)(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. § 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 $350 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)(1). In each month that the amount in the

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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). 1
If Plaintiff wishes to proceed with this action, he must clarify his status as a prisoner or a
non-prisoner, and must submit the appropriate completed IFP application, as explained above. If
the Court grants IFP status to Plaintiff, the Court will then screen the Complaint and 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 prisoners to get any portion of the filing fee back.
THEREFORE, it is on this 6th day of September, 2016;
ORDERED that Plaintiff’s request to proceed in forma pauperis is hereby denied
WITHOUT PREJUDICE for the reasons stated in the Memorandum and Order; 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

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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).
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mailbox rule generally); Dasilva v. Sheriff's Dept., 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 blank form applications to
proceed in forma pauperis for both prisoners and non-prisoners; if he wishes to proceed with this
action, Plaintiff should complete the appropriate form; 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, Trenton, NJ 08608, within 30 days of the date of entry of this Order; his
submission should include a complete IFP application or the full filing 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 at the address on file.

/s/ Freda L. Wolfson
Freda L. Wolfson
United States District Judge

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