UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

NOEL NIEVES, :

: Civil Action No. 11-1173 (NLH)

Plaintiff, :

:

v. : MEMORANDUM AND ORDER

:

CAMDEN COUNTY CORRECTIONAL :

FACILITY, et al. , :

:

Defendants. : CLOSED

IT APPEARING THAT:

1. On March 2, 2011, the Clerk of the Court received

Plaintiff’s “Prisoner Civil Rights Complaint” (docket entry

no. 1), which included as an attachment an “Application to

Proceed Without Prepayment of Fees and Affidavit.” The

application to proceed in forma pauperis (“IFP”) was

incomplete in that it failed to include a six-month account

statement certified by the appropriate official of the

facility at which he is incarcerated as required by 28

U.S.C. § 1915(a)(2).

2. In light of Plaintiff’s failure to submit a complete IFP

application or prepay the filing fee, this Court issued an

Order, dated March 28, 2011 (docket entry no. 2), to

administratively terminate the matter, but allowing

Plaintiff leave to reopen if he submits a completed IFP

application or pays the filing fee.

3. On May 6, 2011, the Clerk of the Court received Plaintiff’s

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second IFP application (docket entry no. 3). While this

application does contain a six-month account statement, the

statement is not certified by the signature of an Authorized

Officer of the institution at which Plaintiff is

incarcerated. Additionally, Plaintiff has used an outdated

IFP form which states that the filing fee to be deducted is

$150.00. Currently, the filing fee for a civil matter is

$350.00. If at a later date Plaintiff is granted leave to

proceed in forma pauperis in this action, the Court may

enter an Order assessing the $350 filing fee and directing

that assessments be withdrawn from Plaintiff’s prison

account until the $350 filing fee is paid. See 28 U.S.C.

§ 1915. 

IT IS THEREFORE on this 24 day of May , 2011, th

ORDERED that the Clerk shall reopen this matter by making a

new and separate entry on the docket reading “CIVIL CASE

REOPENED”; and it is further

ORDERED that Plaintiff’s second Application to proceed in

forma pauperis is DENIED; and it is further

ORDERED that the Clerk of the Court shall supply to

Plaintiff a blank form Application, for use by a prisoner, to

Proceed In Forma Pauperis in a Civil Rights Case; and it is

further

ORDERED that the Clerk of the Court shall administratively

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terminate this case, without filing the Complaint or assessing a

filing fee; and it is further

ORDERED that if Plaintiff wishes to reopen this action, he

shall so notify the Court, in writing addressed to the Clerk of

the Court, Mitchell H. Cohen Building and U.S. Courthouse, Fourth

and Cooper Streets, Camden, New Jersey, 08101, within 30 days of

the date of entry of this Order; Plaintiff’s writing shall

include either (1) a complete in forma pauperis application,

including an affidavit of indigence and six-month prison account

statement, certified by the appropriate official of each prison

at which the prisoner is or was confined, or (2) the $350 filing

fee; and it is further

ORDERED that the Clerk shall close the file on this matter

by making a new and separate entry on the docket reading “CIVIL

CASE CLOSED”.

At Camden, New Jersey /s/ Noel L. Hillman 

Noel L. Hillman

United States District Judge

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