ELLIOTT v. PIGOTT et al

Filing 4

MEMORANDUM ORDER that Plaintiffs 3 implied request to proceed in forma pauperis is Denied without prejudice; if Plaintiff wishes to reopen this case, he shall so notify the Court within 30 days of the entry of this order; this matter is administratively closed. Signed by Judge Brian R. Martinotti on 5/4/2018. Blank IFP Application sent to Plaintiff via USPS. (km)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

TARIQ ELLIOTT,
Plaintiff,
v.
JAMES PIGOTT, et al.,
Defendants.

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Civil Action No. 18-6347 (BRM)(LHG)

MEMORANDUM AND ORDER

THIS MATTER is opened to the Court by pro se Plaintiff Tariq Elliott (“Plaintiff”), an
individual currently confined at Monmouth County Correctional Institution in Freehold, New
Jersey, upon the filing of a civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.)
On April 13, 2018, this Court entered an Order administratively terminating this case. (ECF
No. 2.) As the Court explained in that Order, Plaintiff failed to submit an application to proceed in
forma pauperis, as required by 28 U.S.C. § 1915(a), and also failed to sign his Complaint, in
violation of Federal Rule of Civil Procedure 11. (Id.) The Court informed him that, should he wish
to re-open this matter, he must submit an amended complaint signed by Plaintiff and either (1) a
complete, signed in forma pauperis application, including a certified prison account statement for
the six months immediately preceding the filing of the Complaint, or (2) the $400 fee including
the $350 filing fee plus the $50 administrative fee. (Id.)
In response, Plaintiff submitted only an uncertified copy of his prisoner account statement.
(ECF No. 3.) Additionally, the copy he provided is cut-off on the right side. (Id.) As a result, the
Court is only able to see part of the column marked “Memo” and, more importantly, is unable to
see if there are any other columns after “Memo.”

Accordingly, and for good cause appearing,
IT IS on this 4th day of May 2018;
ORDERED that the Clerk of the Court shall make a new and separate entry marking his
matter RE-OPENED; and it is further
ORDERED that Plaintiff’s implied request to proceed in forma pauperis (ECF No. 3) is
DENIED WITHOUT PREJUDICE; and it is further
ORDERED that the Clerk of the Court shall again ADMINISTRATIVELY
TERMINATE this case, without filing the Complaint or assessing a filing fee; and it is further
ORDERED that the Clerk of the Court 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 in forma pauperis and a blank civil rights complaint
form; 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 an amended complaint signed by Plaintiff AND either (1) a complete,
accurate and signed in forma pauperis application, including a certified prison account statement
for the six months immediately preceding the filing of the Complaint, which includes all columns
of the statement, 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 or payment of the filing and

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administrative fees, as well as a signed amended complaint, within the time allotted by this Court,
the Clerk of the Court will be directed to reopen this case; and it is finally
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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