UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

 

 :

STEPHEN H. ROSENBERG, :

 :

Plaintiff, :

 :

v. :

 :

UNITED STATES GOVERNMENT, :

et al., :

 :

Defendants. :

 :

Civil No. 11-4150 (RBK)

MEMORANDUM AND ORDER

IT APPEARING THAT:

1. On July 20, 2011, the Clerk docketed the instant Complaint

(docket entry no. 1), which was not accompanied by an

application to proceed in forma pauperis (“IFP”) or the

$350.00 filing fee.

2. This Court issued an Order, dated July 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 August 23, 2011, the Clerk of the Court received an IFP

application from Plaintiff (docket entry no. 3). That

application 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). Plaintiff alleged that

he had not received a response from institutional officials

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regarding a certified prison trust fund account. Plaintiff

was instructed that to the extent Plaintiff asserts that

prison officials have refused to provide the certified

account statement, any such assertion must be supported by

an affidavit detailing the circumstances of Plaintiff’s

request for a certified account statement and the prison

officials’ refusal to comply, including the dates of such

events and the names of the individuals involved. 

4. This Court issued an Order, dated September 13, 2011 (docket

entry no. 4), to administratively terminate the matter, but

allowing Plaintiff leave to reopen if he submits a completed

IFP application or pays the filing fee.

5. On October 4, 2011, the Clerk of the Court received a letter

from Plaintiff (docket entry no. 5) in response to the

September 13, 2011 Order. While Plaintiff did include an

“Inmate Inquiry” printout which provides certain account

information, the document was insufficient to comply with

the requirements of 28 U.S.C. § 1915(a)(2) in that Plaintiff

again 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). Plaintiff did not include an affidavit

detailing the circumstances of any request for a certified

account statement and the prison officials’ refusal to

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comply, including the dates of such events and the names of

the individuals involved. 

6. Plaintiff was instructed that in order to be considered for

in forma pauperis status, he must submit both a completed

application and a six-month certified account statement.

7. Plaintiff’s Application to proceed in forma pauperis was

again denied (docket entry no. 6) on March 2, 2012 and the

matter was administratively terminated.

8. On April 3, 2012, the Court received a letter from Plaintiff

(docket entry no. 7) in which he states, among other things,

that prison officials have not provided him with the

necessary documents. Yet Plaintiff has, as of this date,

not yet submitted documentation supporting his assertions

regarding the actions of the prison officials and their

alleged denial to provide him with the necessary documents. 

9. Plaintiff’s Application to proceed in forma pauperis remains

deficient and will be denied.

IT IS THEREFORE on this 18th day of June , 2012, 

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 Application to proceed in forma

pauperis is DENIED; and it is further

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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

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”.

s/Robert B. Kugler 

Robert B. Kugler

United States District Judge

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