GREEN v. FISHER et al
Filing
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MEMORANDUM ORDER that Plaintiff's application to proceed in forma pauperis is denied without prejudice. The Clerk of the Court shall administratively terminate this case. The Clerk of the Court shall send Plaintiff a blank form application to pr oceed in forma pauperis. 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 of the Court shall serve a copy of this Order upon Plaintiff by regular U.S. mail. Signed by Judge Brian R. Martinotti on 1/8/2018. (mps)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
AL-QAADIR GREEN,
Civil Action No. 17-8109-BRM-LHG
Plaintiff,
v.
MEMORANDUM ORDER
KEISHA FISHER, et al.,
Defendants.
THIS MATTER is opened to the Court upon the filing of a complaint (ECF No. 1) by
Plaintiff Al-Qaadir Green (“Plaintiff”), a state prisoner confined in New Jersey State Prison,
raising civil rights claims pursuant to 42 U.S.C. § 1983. Plaintiff has also submitted an application
to proceed in forma pauperis. (ECF No. 1-1.) For the reasons set forth below, Plaintiff’s request
to proceed in forma pauperis shall be DENIED WITHOUT PREJUDICE and his complaint
shall be ADMINISTRATIVELY TERMINATED as Plaintiff has neither paid the appropriate
filing fees nor filed a complete application to proceed in forma pauperis sufficient to enable him
to proceed without prepayment of those fees.
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 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.
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The entire fee to be paid in advance of filing a civil complaint is $400 comprised of a $350
filing fee and a $50 administrative fee. If in forma pauperis status is denied, a prisoner is required
to pay the entire $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 not be
responsible for the $50 administrative fee but will still be assessed the $350 filing fee, which must
be paid in its entirety as follows: 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).
In this action, Plaintiff seeks to proceed in forma pauperis. Although Plaintiff has provided
the Court with an application to proceed in forma pauperis and an inmate account statement (ECF
No. 1-1), that account statement has not been certified by an appropriate official at the facility in
which Plaintiff is imprisoned as required by 28 U.S.C. § 1915(a)(2). Because Plaintiff has failed
to meet the requirements of § 1915(a)(2), his application to proceed in forma pauperis is denied
without prejudice. Accordingly,
IT IS on this 8th day of January 2018,
ORDERED that Plaintiff’s application to proceed in forma pauperis (ECF No. 1-1) is
DENIED WITHOUT PREJUDICE; and it is further
ORDERED that the Clerk of the Court 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 (2013) (describing
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prisoner mailbox rule generally); Dasilva v. Sheriff's Dept., 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 ….”); and it is further
ORDERED that the Clerk of the Court shall send Plaintiff a blank form application to
proceed in forma pauperis; and 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, Clarkson S. Fisher Building & U.S. Courthouse, 402
East State Street, Trenton, NJ 08608, within 30 days of the date of entry of this Order; Plaintiff’s
writing shall include either (1) a complete, signed in forma pauperis application, including an
affidavit setting forth his inability to pay the appropriate filing fees and a six month inmate account
statement which has been certified by the appropriate official at New Jersey State Prison, or (2)
the $400 fee including the $350 filing fee plus the $50 administrative fee; and it is further
ORDERED that upon receipt of a writing from Plaintiff stating that he wishes to reopen
this case, and either a complete in forma pauperis application including a certified account
statement or payment of the filing and administrative fees within the time allotted by this Court,
the Clerk of the Court will be directed to reopen this case; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order upon Plaintiff by
regular U.S. mail.
/s/ Brian R. Martinotti___________
HON. BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE
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