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UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

Everett HOLLOWAY,

Plaintiff,

v.

Theodore J. HUTLER, Jr., et al.,

Defendants.

 

 

Civil No. 11-1474

MEMORANDUM & ORDER

THOMPSON, U.S.D.J.

Plaintiff Everett Holloway, an inmate presently confined at the Ocean County Department 

of Corrections in Toms River, NJ, seeks to bring a 42 U.S.C. § 1983 claim regarding injuries to 

his fingers, wrist, and shoulders that he sustained tripping over an inmate improperly placed in 

his cell. Plaintiff claims that, because he is blind, prison officials were negligent or deliberately 

indifferent to the risk they created by placing three people in a one-person cell and allowing an 

inmate to sleep on the floor. 

Plaintiff has submitted an application to proceed in forma pauperis, pursuant to 28 U.S.C. 

' 1915, in the form of an affidavit claiming an entitlement to redress and stating the issues that 

he intends to present in the action.

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. '

1915(a)(1). The prisoner also must submit a certified copy of his inmate trust fund account

statement for the 6-month period immediately preceding the filing of his complaint. Id. '

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1915(a)(2). The prisoner must obtain this statement from the appropriate official of each prison 

or institutional facility at which he was or is confined. Id. 

Even if the prisoner is granted in forma pauperis status, the prisoner must pay the full 

amount of the $350.00 filing fee. Id. ' 1915(b)(1). Specifically, in each month that the amount 

in the prisoner’s account exceeds $10.00, 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 until the $350.00 filing fee is 

paid. Id. ' 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 law does not permit the prisoner to get his filing fee back. 

In this case, Plaintiff failed to submit a complete in forma pauperis application as 

required by 28 U.S.C. ' 1915(a)(1). In particular, although Plaintiff’s in forma pauperis 

application includes a six-month institutional account statement, it lacks a signed certification 

from an authorized officer of the correctional facility where he presently is confined, as 

prescribed under 28 U.S.C. ' 1915(a)(2).

IT IS, therefore, on this 19th day of April, 2010,

ORDERED that Petitioner=s application to proceed in forma pauperis [docket # 1-1] is 

hereby DENIED without prejudice; and it is further

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ORDERED that the Clerk of the Court shall supply to Petitioner a blank form 

Application to Proceed In Forma Pauperis; and it is further

ORDERED that if Petitioner wishes to proceed he is to notify the Court in a writing 

addressed to the Clerk of the Court, 402 East State Street, Trenton, New Jersey 08608, within 30 

days of the date of entry of this Order; Petitioner=s writing shall include either (1) a complete in 

forma pauperis application, including an affidavit of indigence, and six-month prison account 

statement, signed and certified by an authorized officer of the institution where he is confined, 

and an affidavit stating the issues that he intends to present, or (2) the $350 filing fee; and it is 

further

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

regular U.S. mail.

___/s/ Anne E. Thompson_____

ANNE E. THOMPSON, U.S.D.J.

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