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NEIL ROBERTS, et al v. OSCAR AVILES

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


November 30, 2010

NEIL ROBERTS, ET AL.,, PLAINTIFFS,
v.
OSCAR AVILES, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hochberg, District Judge

MEMORANDUM OPINION

Plaintiffs Neil Roberts, Andre Christie, Jose N. Espinal, and Ramon Lopez Ruiz, all immigration detainees confined at Hudson County Correctional Center at Kearny, New Jersey, seek to bring this civil action asserting claims pursuant to 42 U.S.C. § 1983. Plaintiffs have neither prepaid the $350 filing fee nor submitted applications for leave to proceed in forma pauperis.

Civil actions brought in forma pauperis are governed by 28 U.S.C. § 1915. As these Plaintiffs are confined, civilly, as immigration detainees, those provisions of the Prison Litigation Reform Act that are applicable to prisoners, e.g., 28 U.S.C. § 1915(a)(2), are not applicable to these Plaintiffs. See Ojo v. INS, 106 F.3d 680 (5th Cir. 1997). Other provisions of § 1915, however, are applicable to non-prisoner Plaintiffs. Thus, although only one filing fee needs to be paid, if multiple plaintiffs seek to proceed in forma pauperis, each such plaintiff must qualify for in forma pauperis status and the plaintiffs must establish that they cannot, singly or together, pay the filing fee. See, e.g., Anderson v. California, Civil No. 10-2216, 2010 WL 4316996 (S.D. Cal. Oct. 27, 2010); Darden v. Indymac Bancorp, Inc., Civil No. 09-2970, 2009 WL 5206637 (E.D. Cal. Dec. 23, 2009).

In this action, Plaintiffs did not prepay the $350 filing fee nor did any of them submit a complete in forma pauperis application as required by 28 U.S.C. § 1915(a)(1).

CONCLUSION

For the reasons set forth above, the Clerk of the Court will be ordered to administratively terminate this action, without filing the complaint or assessing a filing fee. Plaintiffs will be granted leave to move to re-open within 30 days.*fn1

An appropriate Order will be entered.

S/ Faith S. Hochberg

Faith S. Hochberg United States District Judge


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