GONZALEZ v. MORFFI et al
MEMORANDUM AND ORDER THAT THE PETITION IS DENIED WITHOUT PREJUDICE TO ITS REASSERTION IN ACCORDANCE WITH THE TERMS OF THIS ORDER; IF PLAINTIFF FILES WITH THE WITHIN TWENTY (20) DAYS A NOTICE THAT HE WISHES TO PROCEED WITH THIS ACTION AND OBLIGATE HIMSELF TO PAY THE $350.00 FILING FEE THIS ACTION WILL BE REINSTATED. THE CLERK OF COURT SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/12/11. 10/13/11 ENTERED AND COPIES MAILED TO PRO SE PETITIONER.(jpd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE BASTERN DISTRICT OF PENNSYLVANIA
ANNA CHRISTIE MORFFI, ET AL.
OCT 12 2011
M E M 0 RAN DUM
0 R D E R
Plaintiff, an inmate at the Northern State Prison,
Newark, NJ, seeks to bring a civil action in forma pauperis,l
without prepayment of fees or security therefor, asserting claims
pursuant to 42 U.S.C.
The Prison Litigation Reform Act
of 1995, Pub. L. No. 104-134, 110 Stat. 1321 (April 26, 1996)
(the "Act"), which amends 28 U.S.C.
1915, establishes certain
financial requirements for prisoners who are attempting to bring
a civil action or file an appeal in forma pauperis.
Under the Act, a prisoner bringing a civil action in
forma pauperis must pay the full amount of the $350 filing fee.
The prisoner must submit a certified
copy of his inmate trust fund account statement for the 6-month
period immediately preceding the filing of his complaint so the
Court can determine how the $350 filing fee will be paid.
U.S.C. § 1915(a) (2).
The prisoner must obtain this statement
from the appropriate official of each prison at which he was or
The Court must then "assess [the prisoner's
1. Suits brought in forma pauperis are governed by 28 U.S.C.
financial status] and, when funds exist, collect, as a partial
payment of any court fees required by law, an initial partial
filing fee of 20 percent of the greater of-- (A) the average
monthly deposits to the prisoner's account; or (B) the average
monthly balance in the prisoner's account for the 6-month period
immediately preceding the filing of the complaint . . . . "
Based upon plaintiff's financial information, an
initial partial filing fee of $7.80 is assessed.
The Warden or
other appropriate official at the Northern State Prison, or at
any prison at which plaintiff may be confined, will be directed
to deduct $7.80 from plaintiff's inmate account, when such funds
become available, and forward that amount to the Clerk of the
United States District Court for the Eastern District of
Thereafter, each time that the balance in
plaintiff's inmate account exceeds $10, an amount no greater than
20 percent of the money credited to plaintiff's account during
the preceding month will be deducted and forwarded to the Clerk
of Court until the filing fee is paid.
Plaintiff may not have known when he brought this
action that he must pay the filing fee, and that even if the full
filing fee, or any part of it, has been paid, the Court must
dismiss the case 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.
1915(e) (2) (B).
Court dismisses the case for any of these reasons, the Act does
not permit the prisoner to get his filing fee back.
We shall give plaintiff twenty (20) days from the date
of this order to decide whether he wants to proceed with this
If by that time, plaintiff decides not to proceed with the
case, he need not pay the $350 filing fee.
Accordingly, it i., this
~Y of October,
hereby ORDERED that:
The petition is DBNIBD WITHOUT PRBJUDlCE to its
reassertion in accordance with the terms of this order;
If pla,intiff' files with the Court within twenty
(20) days from the date of thi8 orde.- a notice that he wishes to
proceed with thia action aDd tbenl?Y obligate hi...lf to pay the
$350 filing fee, this action will bereinetated; aDd
The Clerk of Court sball c::LOCJBtbis case
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