Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Washington v. U.S. Department of Justice

United States District Court, D. New Jersey

November 5, 2018

JEFFREY D. WASHINGTON, Plaintiff
v.
U.S. DEPARTMENT OF JUSTICE, et al., Defendants

          MEMORANDUM AND ORDER

          BUMB, DISTRICT JUDGE

         Plaintiff Jeffrey D. Washington is a prisoner confined in the Federal Correctional Institution in Fort Dix, New Jersey. He brings this civil action for recovery of lost property, citing 31 U.S.C. § 3723. (Compl., ECF No. 1.) Plaintiff did not pay the filing fee[1]or submit an application to proceed in forma pauperis under 28 U.S.C. § 1915.[2]

         Local Civil Rule 5.1(f) provides:

Any papers received by the Clerk without payment of such fees as may be fixed by statute or by the Judicial Conference of the United States for the filing thereof shall be marked "received" and the date and time of receipt shall be noted thereon.

         The Court will administratively terminate this matter, but Plaintiff will be permitted to reopen if he timely submits the filing fee or in the alternative submits a properly completed IFP application.

         When a prisoner is permitted to proceed without payment of the filing fee, 28 U.S.C. §§ 1915(e)(2)(B), 1915A(b) and 42 U.S.C. § 1997e(c) require courts to review a complaint in a civil action and sua sponte dismiss any claims that are (1) frivolous or malicious; (2) fail to state a claim on which relief may be granted; or (3) seek monetary relief against a defendant who is immune from such relief.[3]

         Plaintiff should be aware that it is not clear from the present complaint whether he fully exhausted his administrative remedies before bringing this claim. See 28 C.F.R. § 543.32(g) (“If your claim is denied or you are dissatisfied with a settlement offer, you may request, in writing, that the Bureau of Prisons reconsider your claim in the administrative stage … If you are dissatisfied with the final agency action, you may file suit in an appropriate U.S. District Court as no further administrative action is available”; Ali v. Federal Bureau of Prisons, 552 U.S. 214, 228 n.7, [4] 242[5] (2008) (Kennedy, J., dissenting). Additionally, the United States is the sole proper defendant to an FTCA claim. CNA v. United States, 535 F.3d 132, 138 n.2 (3d Cir. 2008).

         IT IS therefore on this 5th day of November 2018, ORDERED that the Clerk of the Court 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, Dasilva v. Sheriff's Dept., 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 runs …”); and it is further

         ORDERED that the Clerk of the Court shall send Plaintiff a blank form “Affidavit of Poverty and Account Certification (Civil Rights)” DNJ-Pro Se-007-A-(Rev.05/2013); and it is further

         ORDERED that if Plaintiff wishes to reopen this case, she shall so notify the Court, in writing addressed to the Clerk of the Court, Mitchell H. Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Room 1050, Camden, N.J. 08101, within 30 days of the date of entry of this Order; Plaintiff's writing shall include either (1) a complete, signed in forma pauperis application or (2) the $400.00 filing and administrative fee; and (3) Plaintiff is permitted to file an amended complaint to establish whether he has fully exhausted his administrative remedies and to substitute the United States as the defendant; and it is further

         ORDERED that if Plaintiff does not submit a complete, signed in forma pauperis application or the $400.00 filing and administrative fee within 30 days of the date of this Order, this action is dismissed without prejudice to Plaintiff filing a new action; upon such dismissal, however, any new action will be subject to a new filing fee or IFP application, and will be subject to the appropriate statute(s) of limitations at the time of filing; see Bricker v. Turner, 396 Fed.Appx. 804, 804 n. 1 (per curiam) (3d Cir. 2010) (affirming district court's order dismissing civil rights action without prejudice as a sanction for failure to obey a court order or for failure to diligently prosecute); and it is further

         ORDERED 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 of the Court will be directed to reopen this case; and it is finally

         ORDERED that the Clerk of the Court shall serve a copy of this Order upon ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.