United States District Court, D. New Jersey
MARLON E. BRADSHAW, SR., Plaintiff,
STATE OF NEW JERSEY, et al., Defendants.
MEMORANDUM AND ORDER
MICHAEL A. SHIPP, UNITED STATES DISTRICT JUDGE.
Marlon E. Bradshaw, Sr, a prisoner currently confined at the
New Jersey State Prison in Trenton, New Jersey, seeks to
bring this civil action in forma paitperis, without
prepayment of fees or security, asserting claims pursuant to
42 U.S.C. § 1983. The Prison Litigation Reform Act of
1995 (the "Act"), which amends 28 U.S.C. §
1915, establishes certain financial requirements for
prisoners who are attempting to bring a civil action in
forma pan peris.
the Act, a prisoner bringing a civil action inform
pauperis must submit an affidavit, including a statement
of all assets, which states that the prisoner is unable to
pay the fee. 28 U.S.C. § 1915(a)(1). The prisoner also
must submit a certified copy of his inmate trust fund account
statement for the six-month period immediately preceding the
filing of his complaint. 28 U.S.C. § 1915(a)(2). The
prisoner must obtain this statement from the appropriate
official of each prison at which he was or is confined.
entire fee to be paid in advance of filing a civil complaint
is $400. That fee includes a filing fee of $350 plus an
administrative fee of S50, for a total of $400. A prisoner
who is granted in forma pauperis status will,
instead, be assessed a filing fee of $350 and will not be
responsible for the S50 administrative fee. If in forma
pauperis status is denied, the prisoner must pay the
full $400, including the $350 filing fee and the $50
administrative fee, before the complaint will be filed.
prisoner is granted in forma pauperis status, the
prisoner must pay the full amount of the $350 filing fee as
follows. 28 U.S.C. § 1915(b)(1). n each month that the
amount in the prisoner's account exceeds $10.00, until
the $350.00 filing fee is paid, 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. 28 U.S.C. § 1915(b)(2).
may not have known when he submitted his complaint 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. 28U.S.C.§ 1915(e)(2)(B).
If the Court dismisses the case for any of these reasons, the
Act does not permit the prisoner to get his filing fee back.
action, Plaintiff fails to submit a complete in jorma
pauperis application as required by 28 U.S.C. §
1915(a). Specifically, the six-month prison statement
submitted by Plaintiff is not certified by an authorized
prison official. This does not satisfy the statutory
therefore on this 28th day of September, 2018, ORDERED that
Plaintiffs application to proceed in forma pauperis
is hereby DENIED WITHOUT PREJUDICE;
that the Clerk shall ADMINISTRATIVELY TERMINATE this case,
without filing the complaint or assessing a filing fee;
Plaintiff is informed that administrative termination is not
a "dismissal" for purposes of the statute of
limitations, and that if the case is reopened, it is not
subject to the statute of limitations time bar if it was
originally filed timely, see Jenkins v. Superintendent of
Laurel Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 2013)
(describing prisoner mailbox rule generally); Dasilva v.
Sheriffs Dep't, 413 Fed.Appx. 498, 502 (3rd Cir.
2011) ("[The] statute of limitations is met when a
complaint is submitted to the clerk before the statute
that the Clerk 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
that if Plaintiff wishes to reopen this case, he shall so
notify the Court, in writing, within thirty (30) days of the
date of entry of tins Order; Plaintiffs writing shall include
either (1) a complete, signed in forma pauperis
application, including a proper, certified six-month prison
account statement, or (2) the $400 fee including the $350
filing fee plus the $50 administrative fee;
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
administrative fees within the time allotted by this Court,
the Clerk will be directed to reopen this case; and it is
that the Clerk shall serve this Order upon ...