UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

 :

MARCELLO POOLE, :

 :

Plaintiff, :

 :

v. :

 :

 :

MERCER COUNTY CORRECTION :

CENTER, et al., :

 :

Defendants. :

 :

Civil Action No. 11-3730 (MLC)

MEMORANDUM & ORDER

Plaintiff, currently confined at Northern State Prison in

Newark, New Jersey, seeks to bring a civil action in forma

pauperis, without prepayment of fees or security, asserting

claims pursuant to 42 U.S.C. § 1983. 28 U.S.C. Section 1915

establishes certain financial requirements for prisoners who are

attempting to bring a civil action or file an appeal in forma

pauperis.

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

the prisoner’s inmate trust fund account statement for the 6-

month period immediately preceding the filing of the complaint. 

28 U.S.C. § 1915(a)(2). The prisoner must obtain this statement

from the appropriate official of each prison at which the

prisoner was or is confined. Id. 

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Even if the prisoner is granted in forma pauperis status,

the prisoner must pay the full amount of the $350 filing fee. 28

U.S.C. § 1915(b)(1). In each month that the amount in the

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

the Court payment equal to 20% of the preceding month’s income

credited to the prisoner’s account. 28 U.S.C. § 1915(b)(2).

Plaintiff may not have known when he submitted his complaint

that he must pay the filing fee. Even if the full filing fee, or

any part of it, has been paid, the Court must dismiss the

complaint if the Court 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 complaint for any of these reasons, the

prisoner will not get his filing fee back.

If the Plaintiff 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 in forma pauperis unless he is in imminent danger

of serious physical injury. 28 U.S.C. § 1915(g).

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

pauperis application as required by 28 U.S.C. § 1915(a)(1)-(2),

as Plaintiff failed to provide a certified account statement.

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IT IS THEREFORE on this 9th day of September, 2011,

ORDERED that Plaintiff’s application to proceed in forma

pauperis is DENIED WITHOUT PREJUDICE; and it is further

ORDERED that the Clerk of the Court 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 Houston v. Lack, 487 U.S. 266 (1988) (prisoner

mailbox rule); McDowell v. Del. State Police, 88 F.3d 188, 191

(3d Cir. 1996); see also Williams-Guice v. Bd. of Educ., 45 F.3d

161, 163 (7th Cir. 1995); and it is further

ORDERED that the Clerk of the Court send Plaintiff a blank

form application to proceed in forma pauperis; and it is further

ORDERED that if Plaintiff wishes to reopen this case, he

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

the Court, Clarkson S. Fisher U.S. Courthouse and Federal Bldg.,

402 East State Street, Trenton, New Jersey 08608, within 30 days

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

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

application, including a certified six-month prison account

statement, or (2) the $350 filing fee; and it is further

3

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ORDERED that upon receipt of a writing from Plaintiff

stating that he wishes to reopen this case, and either a complete

in forma pauperis application or filing fee within the time

allotted by this Court, the Clerk of the Court will be directed

to reopen this case; and it is further

ORDERED that the Clerk of the Court is directed to amend

Plaintiff’s address of record to the following: Marcello Poole,

INM#656807/SBI#000182646E, Northern State Prison, P.O. Box 2300,

Newark, New Jersey, 07114; and it is further

ORDERED that the Clerk of the Court (1) serve a copy of this

Order upon Plaintiff by regular U.S. mail, and (2) designate the

action as CLOSED.

 s/ Mary L. Cooper 

MARY L. COOPER

United States District Judge

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