LEWIS v. MILLS et al
Filing
2
MEMORANDUM AND 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 t o proceed in forma pauperis. If Plaintiff wishes to reopen this case, he shall notify the Court with 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 12/11/2017. (mps)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
TIMOTHY M. LEWIS,
Civil Action No. 17-12798-BRM-LHG
Plaintiff,
v.
MEMORANDUM ORDER
OFFICER T. MILLS, et al.,
Defendants.
THIS MATTER is opened to the Court upon the filing of a complaint (ECF No. 1) by
Plaintiff Timothy M. Lewis (“Plaintiff”), a state prisoner confined in the Middlesex County Adult
Correction Center, alleging 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 is DENIED WITHOUT PREJUDICE
and his complaint is ADMINISTRATIVELY TERMINATED as Plaintiff has neither paid the
appropriate filing fee 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, stating 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, which must be obtained from the appropriate official of each prison at which he was or
is confined, for the six-month period immediately preceding the filing of his complaint. 28 U.S.C.
§ 1915(a)(2).
1
The entire fee to be paid in advance of filing a civil complaint is $400, which includes a
filing fee of $350 plus an administrative fee of $50. If in forma pauperis status is denied, a prisoner
is required to pay the entire $400 before his complaint will be filed. If the prisoner is granted in
forma pauperis status, however, he will not be responsible for the $50 administrative fee and will
only be assessed a filing fee of $350, which must be paid 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 (ECF No. 1-1), Plaintiff has failed to
provide a certified account statement for the most recent six month period as required by 28 U.S.C.
§ 1915(a)(2). Because Plaintiff has failed to meet the requirements of § 1915(a)(2),
IT IS on this 11th day of December 2017,
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
prisoner mailbox rule generally); Dasilva v. Sheriff's Dept., 413 F. App’x 498, 502 (3rd Cir. 2011)
2
(“[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 a six
month inmate account statement which has been certified by the appropriate official at the facility
in which Plaintiff is incarcerated, 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
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?