DOTTS v. STACY

Filing 2

MEMORANDUM OPINION filed. Signed by Judge Brian R. Martinotti on 4/18/2017. (mps)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JAMES DOTTS,

Civil Action No. 17-2057-BRM-LHG

Plaintiff,
v.

MEMORANDUM OPINION

ALLEN S. STACY,
Defendant.

Before this Court are: (1) a complaint asserting claims pursuant to 42 U.S.C. § 1983 (ECF
No. 1); and (2) an application to proceed in forma pauperis (ECF No. 1-1) filed by Plaintiff James
Dotts (“Plaintiff”), a prisoner in the Monmouth County Correctional Institution. For the reasons
set forth below, Plaintiff’s application to proceed in forma pauperis is DENIED without prejudice
and therefore, the complaint will not be filed.
The Prison Litigation Reform Act of 1995 (the “Act”), which amends 28 U.S.C. § 1915,
establishes certain financial requirements for prisoners 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 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.
In this action, Plaintiff failed to submit a complete in forma pauperis application as
required by 28 U.S.C. § 1915(a)(1), (2). Although Plaintiff provided an affidavit of indigence

accompanied by an institutional account statement, Plaintiff failed to have his account statement
certified by the appropriate official at the facility in which he is imprisoned as required by §
1915(a)(2). Accordingly, Petitioner has failed to provide a complete in forma pauperis application,
and his application is denied without prejudice.

Date: April 18, 2017

/s/Brian R. Martinotti__________
HON. BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE