MCKINNEY v. LANIGAN et al
Filing
3
MEMORANDUM OPINION filed. Signed by Judge Freda L. Wolfson on 4/5/2018. (mps)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
IVAN G. MCKINNEY,
:
:
Plaintiff,
:
Civ. No. 18-309 (FLW) (LHG)
:
v.
:
:
GARY LANIGAN et al.,
:
MEMORANDUM OPINION
:
Defendants.
:
_________________________________________ :
FREDA L. WOLFSON, U.S.D.J.
Plaintiff, Ivan G. McKinney (“McKinney”), a state prisoner, filed pro se with the Court a
Complaint alleging claims under 42 U.S.C. § 1983. (ECF No. 1.) A Complaint must generally
include either a $400.00 fee (a $350.00 filing fee plus a $50.00 administrative fee) or an
application to proceed in forma pauperis. 28 U.S.C. §§ 1914(a), 1915(a).
McKinney’s Complaint did not include either the $400.00 fee or a proper application to
proceed in forma pauperis. 1 Therefore, the application will be denied without prejudice.
1
A prisoner who seeks to proceed in forma pauperis must submit an affidavit, including a
statement of all assets, stating that the prisoner is unable to pay the applicable filing fee. See 28
U.S.C. § 1915(a)(1). The prisoner must also submit a certified copy of his inmate trust fund
account statement for the six-month period immediately preceding the filing of his complaint.
See id. § 1915(a)(2). The prisoner must obtain this statement from the appropriate official of
each prison at which he was or is confined. See id.
Even if a prisoner is granted in forma pauperis status, he must pay the full amount of the
filing fee of $350.00. See 28 U.S.C. § 1915(b)(1). In each month that the amount in the
prisoner’s account exceeds $10.00, 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. See id. § 1915(b)(2). The
deductions will continue until the $350.00 filing fee is paid.
Even if the necessary fees are paid and the complaint is accepted for filing, the Court may
nevertheless immediately dismiss the case. The Court must review the complaint and dismiss it
if it finds that the action (1) is 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.
See id. § 1915(e)(2)(B); see also id. § 1915A(b).
Accordingly, the Clerk of the Court will be ordered to administratively close the case. McKinney
may reopen this action, however, by either paying the filing fee or submitting a complete in
forma pauperis application.
Additionally, as the matter is being administratively terminated, McKinney’s pending
motion for the appointment of pro bono counsel, (ECF No. 2), is moot and is denied without
prejudice.
DATED: April 5, 2018
s/Freda L. Wolfson
FREDA L. WOLFSON
United States District Judge
If the plaintiff has, on three or more prior occasions while incarcerated, brought an action
or appeal in a court that was dismissed on any of the grounds listed above, he cannot bring
another action in forma pauperis unless he is in imminent danger of serious physical injury. See
id. § 1915(g).
2
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?