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Case 3:13-cv-03032-MAS-TJB Document 2 Filed 06/04/13 Page 1 of 4 PageID: 15






Civil Action No. 13-3032 (MAS)






Alberto Juan Rodriguez
South Woods State Prison
215 Burlington Road South
Bridgeton, NJ 08302
Plaintiff pro se

SHIPP, District Judge

Plaintiff Alberto Juan Rodriguez, a prisoner confined at South Woods State Prison in

Bridgeton, New Jersey, seeks to bring this civil action in forma pauperis, without prepayment of

fees or security, asserting claims pursuant to 42 U.S.C. § 1983.

The filing fee to commence a civil action is $350. Pursuant to Local Civil Rule 54.3, the

Clerk shall not be required to enter any suit, file any paper, issue any process, or render any other

service for which a fee is prescribed, unless the fee is paid in advance. Under certain

circumstances, however, this Court may permit an indigent plaintiff to proceed in forma


Case 3:13-cv-03032-MAS-TJB Document 2 Filed 06/04/13 Page 2 of 4 PageID: 16

Civil actions brought in forma pauperis are governed by 28 U.S.C. § 1915. The Prison

Litigation Reform Act of 1995, Pub. L. No. 104-135, 110 Stat. 1321 (April26, 1996) (the

"PLRA"), which amends 28 U.S.C. § 1915, establishes certain financial requirements for

prisoners who are attempting to bring a civil action or file an appeal in forma pauperis.

Under the PLRA, a prisoner seeking to bring a civil action in forma pauperis must submit

an affidavit, including a statement of all assets and liabilities, which states that the prisoner is

unable to pay the fee. 28 U.S.C. § 1915(a)(l). The prisoner also must submit a certified copy of

his inmate trust fund account statement(s) for the six-month period immediately preceding the

filing ofhis complaint. 28 U.S.C. § 1915(a)(2). The prisoner must obtain this certified

statement from the appropriate official of each correctional facility at which he was or is

confined during such six-month period. ld.

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

amount of the $350 filing fee in installments. 28 U.S.C. § 1915(b)(l). 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 an installment 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, 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: (1) is 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) (in forma pauperis actions). See also 28

U.S.C. § 1915A (dismissal of actions in which prisoner seeks redress from a governmental


Case 3:13-cv-03032-MAS-TJB Document 2 Filed 06/04/13 Page 3 of 4 PageID: 17

defendant); 42 U.S.C. § 1997e (dismissal of prisoner actions brought with respect to prison

conditions). If the Court dismisses the case for any of these reasons, the PLRA does not suspend

installment payments of the filing fee or permit the prisoner to get back the filing fee, or any part

of it, that has already been paid.

If the prisoner has, on three or more prior occasions while incarcerated, brought in federal

court an action or appeal that was dismissed on the grounds that it was frivolous or malicious, or

that it failed to state a claim upon which relief may be granted, 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 action, Plaintiff failed to submit a complete in forma pauperis application as

required by 28 U.S.C. § 1915(a)(l), (2), including a certified institutional account statement.

See,~' Tyson v. Youth Ventures, L.L.C., 42 Fed.Appx. 221 (lOth Cir. 2002); Johnson v.

United States, 79 Fed.Cl. 769 (2007).

The allegations of the Complaint do not suggest that Plaintiff is in imminent danger of

serious physical injury.


For the reasons set forth above, Plaintiff's application for leave to proceed in forma

pauperis will be denied without prejudice and the Clerk of the Court will be ordered to

administratively terminate this action, without filing the complaint or assessing a filing fee.

Plaintiff will be granted leave to apply to re-open within 30 days. 1

1 Such an administrative termination is not a "dismissal" for purposes of the statute of

limitations, and if the case is reopened pursuant to the terms of the accompanying Order, it is not
subject to the statute oflimitations time bar if it was originally filed timely. See Houston v.
Lack, 487 U.S. 266 (1988) (prisoner mailbox rule); McDowell v. Delaware State Police, 88 F.3d
188, 191 (3d Cir. 1996); see also Williams-Guice v. Board of Education, 45 F.3d 161, 163 (7th
Cir. 1995).


Case 3:13-cv-03032-MAS-TJB Document 2 Filed 06/04/13 Page 4 of 4 PageID: 18

An appropriate Order will be entered.


United States District Judge