WASHINGTON v. HICKS et al
MEMORANDUM & ORDER that the Clerk shall administratively terminate this case; Plaintiff may have case reopened, if, within thirty (30) days of the date of the entry of this order, Plaintiff either pays the $402 filing fee or submits to the Clerk a complete in forma pauperis application. Signed by Judge Peter G. Sheridan on 9/08/2021. (jem)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
RANDY KAREEM WASHINGTON,
Civ. No. 21-14258 (PGS) (LHG)
MEMORANDUM & ORDER
MARCUS 0. HICKS, et al.,
Plaintiff is a state prisoner currently incarcerated at the New Jersey State Prison in
Trenton, New Jersey. He is proceeding pro se with a civil rights complaint pursuant to 42 U.S.C.
1983. To date, plaintiff has not paid the filing fee nor has he submitted an application to
proceed informa pauperis.
A prisoner who seeks to bring a civil action informapauperis must submit an affidavit,
including a statement of all assets, which states 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.
191 5(a)(2). The prisoner must obtain this statement from the appropriate
official of each prison at which he was or is confined. See Id.: see also L. Civ. R. 8 1.2(b)
(“Whenever a Federal, State, or local prisoner submits a civil rights complaint.
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, (2) the greatest amount on deposit in the prisoner’s prison account
during the six-month period prior to the date of the certification.”).
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Even if a prisoner is granted inforina pauperis status, he must pay the full amount of the
filing fee of $350.00. See 28 U.S.C.
191 5(b)(l). 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.
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 compbint 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.
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, he cannot bring another
action informa pauperis unless he is in imminent danger of serious physical injury. See id.
In this case, plaintiff has not paid the $402 filing fee. Alternatively, plaintiff has not
submitted an informapauperis application. Thus, this matter will be administratively
terminated. Plaintiff may reopen this actiOn, however, by either paying the filing fee or
submitting a complete informa pauperis application.
Accordingly, IT IS this
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
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that 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 that 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 $402 filing fee or submits
to the Clerk a complete informapauperis application; and it is further
ORDERED that upon receipt of a writing from plaintiff stating that he wishes to reopen
this case and a complete informa 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 that the Clerk shall serve on plaintiff by regular U.S. mail: (1) this
memorandum and order; and (2) a blank form application to proceed informa pauperis by a
prisoner in a civil rights case.
PETER G. SHERIDAN
United States District Judge
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