FREEMAN v. MATTHEW
MEMORANDUM OPINION. Signed by Judge Brian R. Martinotti on 6/6/2017. (seb)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 17-1931-BRM-TJB
Before this Court are a complaint asserting claims pursuant to 42 U.S.C. § 1983 and an
application to proceed in forma pauperis (ECF No. 1) filed by Plaintiff Donell Freeman
(“Plaintiff”), a prisoner confined in the Monmouth County Jail. For the reasons set forth below,
Plaintiff’s application to proceed in forma pauperis is DENIED WITHOUT PREJUDICE.
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
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. If in forma pauperis status is denied, a prisoner
is required to pay the entire $400, including both the $350 filing fee and $50 administrative fee,
before his complaint will be filed. 28 U.S.C. § 1915(b)(2).
In this action, Plaintiff failed to submit a complete in forma pauperis application as
required by 28 U.S.C. § 1915(a)(1) and (2). Although Plaintiff has provided an affidavit of
indigence accompanied by an inmate account statement, the account statement has not been
properly certified by the appropriate official at the facility in which Petitioner is confined as
required by § 1915(a)(2). Accordingly, Petitioner failed to provide a complete in forma pauperis
application, and his application is DENIED WITHOUT PREJUDICE.
/s/Brian R. Martinotti
HON. BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE
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