WASHINGTON v. ELLIS et al

Filing 2

MEMORANDUM and ORDER Denying Plaintiff's request to proceed in forma pauperis. Case Administratively Terminated. If Plaintiff whishes to reopen open the case he shall notify the Court within 30 days of the entry date of this order.. Signed by Judge Peter G. Sheridan on 10/2/2017. (Blank IFP Application sent to Plaintiff via USPS.)(km)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

RANDY WASHINGTON,
Civil Action No. 17-7243 (PGS)
Plaintiff,
v.

:

MEMORANDUM AND ORDER

CHARLES ELLIS, et al.,
Defendants.

Plaintiff Randy Washington, a prisoner currently confined at the Mercer County
Correctional Center in Lambertville, New Jersey, seeks to bring this civil action informapauperis,
without prepayment of fees or security, asserting claims pursuant to 42 U.S.C.
Litigation Refom 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
Under the Act, a prisoner bringing a civil action

§ 1983. The Prison

informapaupe,is

informa paupelis.

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
informapauperis 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

$400, including the $350 filing fee and the $50 administrative fee, before the complaint will be
filed.
If the prisoner is granted

informapauperis

the $350 filing fee as follows. 28 U.S.C.

status, the prisoner must pay the full amount of

§ 1915(b)(1). 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, Plaintiff fails to submit a complete
by 28 U.S.C.

informapauperis

application as required

§ 1915(a). Specifically, Plaintiff fails to submit a proper six-month prison account

statement certified by an authorized prison official. As such, Plaintiffs application does not satisfy
the statutory requirement.
IT IS therefore on this

day of

,

ORDERED that Plaintiffs request to proceed

in

forma

pauperis

2017,

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

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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 the Clerk shall send Plaintiff the form entitled Affidavit of Poverty and

Account Certification (Civil Rights)(DNJ ProSe 007 A(Rev. 5/13)) to be used by Plaintiff in any
future application to proceed informapauperis; it is further
ORI)ERED 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;
Plaintiff’s writing shall include either (1) a complete, signed in forina pauperis application,
including a proper certified six-month prison account statement; or (2) the $400 fee including the
$350 filing fee plus the $50 administrative fee; 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.

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