MURRAY v. WIGGINS et al

Filing 4

MEMORANDUM AND ORDER that Plaintiff's request to proceed in forma pauperis is denied without prejudice. The Clerk shall Administratively Terminate this case. If Plaintiff wishes to reopen this case he shall notify the Court within 30 days of the date of entry of this Order. The Clerk shall serve a copy of this Order upon Plaintiff by regular mail. Signed by Judge Peter G. Sheridan on 6/30/2017. (mps)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TYSHAN MURRAY, Civil Action No. 17-4057 (PGS) Plaintiff, v. : MEMORANDUM AND ORDER S.C.O. L. WIGGINS, et al., Defendants. Plaintiff Tyshan Murray, a prisoner currently confined at the New Jersey State Prison 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 informapauperis. Under the Act, a prisoner bringing a civil action informapauperis 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 informa pauperis status will, instead, be assessed a filing fee of $350 and will not be responsible for the $50 administrative fee. If informapauperis status is denied, the prisoner must pay the full 0 $400, including the $350 filing fee and the $50 administrative fee, before the complaint will be filed. 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)(l). 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. 28 U.S.C. § 1915(b)(2). 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, although Plaintiff submitted a six month account statement, that statement was not certified by an appropriate prison official. See 28 U.S.C. § 1915(a)(2). Plaintiff asserts that this is because “[t]he jail won’t respond to my request for such statement to sign off on my documents,” ECF No. 2 at 1, but the Court needs more information before it will excuse this deficiency. Specifically, Plaintiff must provide an affidavit specifying the names and titles of authorized prison officials whom he approached with requests for a certified copy of his account statement for the six month period immediately preceding the filing of the Complaint; the dates of these requests; and the reasons these authorized prison officials gave to Plaintiff in connection with their decisions to decline his requests. Upon being presented with Plaintiffs certification to 2 that effect, the Court will then determine whether to excuse Plaintiff’s failure to obtain an authorized prison official’s signature, or whether to conduct additional inquiries into the issue. IT IS therefore on this ) €) day of , 2017, ORDERED that Plaintiffs request to proceed in forma pauperis is hereby DENIED WITHOUT PREJUDICE; it is further ORDERED that the Clerk 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. Sherffs Dep’t, 413 F. App’x 498, 502 (3rd Cir. 2011) (“[The] statute of limitations is met when a complaint is submitted to the clerk before the statute runs[.]”); 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, within 30 days of the date of entry of this Order; Plaintiffs writing shall include either (1) a complete, signed in forma pauperis application, including a proper certified six-month prison account statement, (2) the $400 fee including the $350 filing fee plus the $50 administrative fee, or (3) the aforementioned affidavit; and it is further ORDERED that the Clerk shall serve a copy of this Order upon Plaintiff by regular mail. Peter G. Sheridan, U.S.D.J. 3

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