HALL v. ST. FRANCIS MEDICAL CENTER et al

Filing 3

MEMORANDUM AND ORDER that the Clerk shall administratively terminate this case; that Plaintiff may have this case reopened if, within thirty (30) days of the date of entry of this Memorandum and Order, Plaintiff either pre-pays the $400.00 fee or submits to the Clerk a complete, signed application to proceed in forma pauperis; directing the Clerk to mail Plaintiff certain forms. Signed by Judge Freda L. Wolfson on 3/8/2018. (mmh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
JOSEPH HALL,
:
:
Plaintiff,
:
Civ. No. 18-2225 (FLW) (DEA)
:
v.
:
:
ST. FRANCIS MEDICAL CENTER et al.,
:
MEMORANDUM AND ORDER
:
Defendants.
:
_________________________________________ :

FREDA L. WOLFSON, U.S.D.J.

Plaintiff, Joseph Hall (“Plaintiff”), is a state prisoner who seeks to proceed pro se with a
civil-rights complaint. He filed, with his complaint, two pages of a form application to proceed
in forma pauperis. (ECF No. 1-3.)
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). If a prisoner plaintiff is proceeding in forma pauperis, the $350.00 filing fee is still
assessed, but may be paid in installments. 28 U.S.C. § 1915(b).
Under Local Civil Rule 81.2, a prisoner asserting civil rights claims who seeks to proceed
in forma pauperis must submit
an affidavit setting forth information which establishes that the
prisoner is unable to pay the fees and costs of the proceedings and
shall further submit a certification signed by an authorized officer
of the institution certifying (1) the amount presently on deposit in
the prisoner’s prison account and, (2) the greatest amount on
deposit in the prisoner’s prison account during the six-month
period prior to the date of the certification.

L. Civ. R. 81.2(b). The rule further requires that any such application be made by way of court
forms. Id.
Plaintiff’s application to proceed in forma pauperis is incomplete. (See ECF No. 1-3.) It
includes the first two pages of an Application to Proceed in Forma Pauperis in a Civil Rights
Case, Form DNJ-ProSe-007-A-(Rev.05/2013), but does not include the third page. (Id.) The
third page of the form would typically include, among other things, the applicant’s signature,
necessary to make the form an affidavit, and the signature of an authorized institutional officer,
as required by Local Civil Rule 81.2. As Plaintiff’s incomplete application lacks these key
features, it must be denied without prejudice. 1
Accordingly, IT IS, on this 8th day of March 2018,
ORDERED that the Clerk shall administratively terminate this case; 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, provided that
the original complaint was timely; and it is further
ORDERED that Plaintiff may have this case reopened if, within thirty (30) days of the
date of entry of this Memorandum and Order, Plaintiff either pre-pays the $400.00 fee or submits
to the Clerk a complete, signed application to proceed in forma pauperis, including an affidavit
and certification, in compliance with 28 U.S.C. § 1915(a) and Local Civil Rule 81.2(b); and it is
further

1

The Court notes that a letter Plaintiff included with his complaint, though largely illegible,
seems to raise an issue with Plaintiff’s ability to obtain his prison account statements. (See ECF
No. 1-1.) Even if Plaintiff is indeed somehow unable to obtain the required record, he must still
include a complete form application, including as much information as possible, and should
attach an explanation of any difficulty obtaining records, in a form that is easily legible, see L.
Civ. R. 10.1(b).
2

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 or filing fee within the time
allotted by this Memorandum and Order, the Clerk will be directed to reopen this case; and it is
further
ORDERED that the Clerk shall serve on Plaintiff by regular U.S. mail (1) this order and
(2) a blank form application to proceed in forma pauperis by a prisoner in a civil rights case,
form DNJ-ProSe-007-A-(Rev.05/2013).

/s/ Freda L. Wolfson
FREDA L. WOLFSON
United States District Judge

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