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Plaintiff,

v. : MEMORANDUM AND ORDER

LT. JAMES STAPLETON. et al.,

Defendants.

Plaintiff Martin Luther Baskerville, a prisoner confined at Northern State Prison, seeks to

bring this civil action in Jörma pauperis, 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 informa pauperis.

Under the Act, a prisoner bringing a civil action in forma 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. § l915(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. Id,

The entire fee to be paid in advance of filing a civil complaint at the time that PlaintitT

filed his complaint was $350. A prisoner who is granted in forma pauperis status will be
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 theCourt, payment equal to 20% of the preceding month’s income credited to the prisoner’saccount. 28 U.S.C. § 1915(b)(2).

Plaintiff 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. 28 U.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.

If the prisoner has, on three or more prior occasions while incarcerated, brought an action

or appeal in a court that was dismissed on any of the grounds listed above, he cannot bring

another action informapauperis unless he is in imminent danger of serious physical injury. 28

U.S.C. § 1915(g).

In this action. Plaintiff failed to submit a complete in forma pauperis application as

required by 28 U. S.C. § 1 91 5(a)( 1). (2). including a certified account statement. While Plaintiffdid file an application to proceed in Jbrma pauperis, the certified copy of his inmate trust fund

account statement did not reflect the six-month period immediately preceding the filing of his
without prejudice; and it is further

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, see Jenkins v,

Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (2013) (describing prisoner mailbox

rule generally); Dasilva v. Sheriffs 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 application to

proceed informapauperis; and it is further

ORDERED that if Plaintiff wishes to reopen this case, he shall so notif’ the Court, in

writing addressed to the Clerk of the Court, Mi. King, Jr. Federal Bldg. & U.S. Courthouse, 50

Walnut Street, Newark, New Jersey, 07102, within 30 days of the date of entry of this Order;

Plaintiffs writing shall include either (1) a complete, signed in forma pauperis application,including a certified sixmonth prison account statement, or (2) the $350 filing fee; and it isfurther

Plaintiffs undated complaint was not received by the Clerk of the Court until March 20, 2013,

nearly two months later.
ORDERED that the Clerk of the Court shall serve a copy of this Order upon Plaintiff by

regular U.S. mail.

CLAIRE C. CECCH1

United States District Judge

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