HAZEL v. NEW JERSEY DEPARTMENT OF CORRECTIONS

Filing 2

MEMORANDUM OPINION. Signed by Judge Brian R. Martinotti on 7/17/2017. (seb)

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY JORDAN K. HAZEL, Plaintiff, Civil Action No. 17-4460-BRM-DEA v. NEW JERSEY DEPARTMENT OF CORRECTIONS, MEMORANDUM OPINION Defendant. MARTINOTTI, DISTRICT JUDGE Before this Court is a complaint (ECF No. 1) by Plaintiff Jordan K. Hazel (“Plaintiff”), a convicted state prisoner confined in the Central Reception and Assignment Facility (“CRAF”) in Trenton, New Jersey, raising civil rights claims pursuant to 42 U.S.C. § 1983. For the reasons set forth below, Plaintiff’s complaint shall be ADMNISTRATIVELY TERMINATED because Plaintiff has not paid the appropriate filing fees and has not filed a complete application to proceed in forma pauperis sufficient to enable him to proceed without prepayment of those fees. The entire fee to be paid in advance of filing a civil complaint is $400. That fee includes a filing fee of $350 and an administrative fee of $50, for a total of $400. However, the Prison Litigation Reform Act of 1995 (the “Act”), which amends 28 U.S.C. § 1915, permits prisoners to bring a civil action in forma pauperis if they meet certain financial requirements. 28 U.S.C. § 1915(a). If in forma pauperis status is denied, a prisoner must pay the full $400, including the $350 filing fee and $50 administrative fee, before his complaint will be filed. If the prisoner is granted in forma pauperis status, he will only be assessed the $350 filing fee and will not be responsible for the $50 administrative fee. 1 In this action, Plaintiff has not paid the applicable filing fees nor has he filed an application to proceed in forma pauperis. Because Plaintiff failed to submit a complete in forma pauperis application as required by 28 U.S.C. § 1915(a)(1) and (2) or pay the filing fees, this matter shall be administratively terminated until Plaintiff either pays the applicable fees or files a complete in forma pauperis application. Date: July 17, 2017 _/s/ Brian R. Martinotti _____ HON. BRIAN R. MARTINOTTI UNITED STATES DISTRICT JUDGE 2

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