United States District Court, D. New Jersey
Charles Familetti, No. 68934-054 Camden County Correctional
Facility Plaintiff Pro se
L. HILLMAN, U.S.D.J.
Charles Familetti, an inmate presently incarcerated at the
Federal Correctional Institution at Fort Dix in Fort Dix, New
Jersey, seeks to bring this civil action in forma
pauperis, without prepayment of fees or security, which
appears to assert a claim pursuant to Bivens v. Six
Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).
See ECF No. 1 (Complaint). Petitioner has since
filed an application to proceed in forma pauperis.
ECF No. 4.
to Local Civil Rule 54.3, the Clerk shall not be required to
enter any suit, file any paper, issue any process, or render
any other service for which a fee is prescribed, unless the
fee is paid in advance. Under certain circumstances, however,
this Court may permit an indigent plaintiff to proceed in
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 $50, 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 $50 administrative fee. A prisoner who is
denied in forma pauperis status must pay the full
$400, including the $350 filing fee and the $50
administrative fee, before the complaint will be filed.
28, section 1915 of the United States Code establishes
certain financial requirements for prisoners who are
attempting to bring a civil action in forma
pauperis. Under § 1915, a prisoner seeking to bring
a civil action in forma pauperis must submit an
affidavit, including a statement of all assets and
liabilities, 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(s) for the six-month period immediately preceding
the filing of his complaint. 28 U.S.C. § 1915(a)(2). The
prisoner must obtain this certified statement from the
appropriate official of each correctional facility at which
he was or is confined during such six-month period.
prisoner is granted in forma pauperis status, the
prisoner must pay the full amount of the filing fee, in
installments, as follows. 28 U.S.C. § 1915(b)(1). In
each month that the amount in the prisoner's account
exceeds $10.00, until the 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
an installment 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: (1) is 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. 28 U.S.C. §
1915(e)(2)(B) (in forma pauperis actions). See
also 28 U.S.C. § 1915A (dismissal of actions in
which prisoner seeks redress from a governmental defendant).
If the Court dismisses the case for any of these reasons,
§ 1915 does not suspend installment payments of the
filing fee or permit the prisoner to get back the filing fee,
or any part of it, that has already been paid.
prisoner has, on three or more prior occasions while
incarcerated, brought in federal court an action or appeal
that was dismissed on the grounds that it was frivolous or
malicious, or that it failed to state a claim upon which
relief may be granted, he cannot bring another action in
forma pauperis unless he is in imminent danger of
serious physical injury. 28 U.S.C. § 1915(g).
action, although Plaintiff has now submitted an application
to proceed in forma pauperis, he has not included
the certified account statement required by 28 U.S.C. §
1915(a)(2). Plaintiff must submit either the filing fee or a
complete application to proceed in forma pauperis
that includes the required certified account statement.
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. Plaintiff may re-open this matter
within thirty (30) days by providing either the filing fee or
a complete application to proceed in forma pauperis.
An appropriate Order follows.
 Such an administrative termination is
not a “dismissal” for purposes of the statute of
limitations, and if the case is reopened pursuant to the
terms of the accompanying Order, it is not subject to the
statute of limitations time bar if it was originally
submitted timely. See Houston v. Lack, 487 U.S. 266
(1988) (prisoner mailbox rule); Papotto v. Hartford Life
& Acc. Ins. Co., 731 F.3d 265, 275-76 (3d Cir. 2013)
(collecting cases and ...