CUMMINGS v. SOMERSET COUNTY JAIL et al

Filing 8

MEMORANDUM AND ORDER that Plaintiff's application to proceed in forma pauperis is DENIED without prejudice; the Clerk shall ADMINISTRATIVELY TERMINATE this case; Plaintiff may have the case reopened, if, within thirty (30) days of the date of th e entry of this order, Plaintiff either pre-pays the $400 filing fee or submits to the Clerk a complete in forma pauperis application; the Clerk shall mail Plaintiff this memorandum and order and a blank form application to proceed in forma pauperis. Signed by Judge Brian R. Martinotti on 10/14/2020. (jem)

Case 3:20-cv-05217-BRM-ZNQ Document 8 Filed 10/14/20 Page 1 of 3 PageID: 169

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
ANDREA CUMMINGS,
:
:
Plaintiff,
:
Case No. 3:20-5217 (BRM) (ZNQ)
:
v.
:
:
SOMERSET COUNTY JAIL, et al.,
:
MEMORANDUM & ORDER
:
Defendants.
:
_________________________________________ :
Plaintiff is a state inmate currently incarcerated at the Edna Mahan Correctional Facility
for Women in Clinton, New Jersey. She is proceeding pro se with a civil rights complaint pursuant
to 42 U.S.C. § 1983. Plaintiff has applied to proceed in forma pauperis. For the following reasons,
the application to proceed in forma pauperis is denied without prejudice and this matter is
administratively terminated.
A prisoner who seeks to bring 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 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 she was or is confined. See id.; see also L.Civ.R. 81.2(b) (“Whenever a Federal,
State, or local prisoner submits a civil rights complaint . . . the prisoner shall also 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,

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(2) the greatest amount on deposit in the prisoner’s prison account during the six-month period
prior to the date of the certification.”).
Even if a prisoner is granted in forma pauperis status, she 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 is: (1) 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).
If the plaintiff has, on three or more prior occasions while incarcerated, brought an action
or appeal in a court that was dismissed on the grounds listed above, she cannot bring another action
in forma pauperis unless he is in imminent danger of serious physical injury. See id. § 1915(g).
In this case, Plaintiff has not paid the filing fee. Furthermore, Plaintiff’s in forma pauperis
application is incomplete as she has not submitted a certified trust account statement. Therefore,
this matter is administratively terminated. Plaintiff may reopen this action, however, by either
paying the filing fee or submitting a complete in forma pauperis application. Accordingly,
IT IS on this 14th day of October 2020,
ORDERED that Plaintiff’s application to proceed in forma pauperis is DENIED without
prejudice; and it is further

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ORDERED 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 if the case is reopened, it is not subject to the statute of limitations time bar
provided the original complaint was timely; and it is further
ORDERED Plaintiff may have the above entitled case reopened, if, within thirty (30) days
of the date of the entry of this order, Plaintiff either pre-pays the $400 filing fee or submits to the
Clerk a complete in forma pauperis application; and it is further
ORDERED upon receipt of a writing from Plaintiff stating that she wishes to reopen this
case and a complete in forma pauperis application or filing fee within the time allotted by this
Court, the Clerk will be directed to reopen this case; and it is further
ORDERED the Clerk shall serve on Plaintiff by regular U.S. mail: (1) this memorandum
and order; and (2) a blank form application to proceed in forma pauperis by a prisoner in a civil
rights case.

/s/Brian R. Martinotti
BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE

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