LODHI v. STATE PAROLE BOARD OF NEW JERSEY et al
Filing
2
MEMORANDUM & ORDER denying without prejudice, Petitioner's application to proceed in forma pauperis; Ordering if Petitioner wishes to proceed he is to notify the Court in writing within 30 days of entry of this Order. Signed by Judge Anne E. Thompson on 9/29/2011. (eaj)
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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
FAISIL LODHI,
Plaintiff,
Civil No. 11-5609
v.
MEMORANDUM & ORDER
STATE PAROLE BOARD OF NEW JERSEY
and THOMAS HAAF
Defendants.
THOMPSON, U.S.D.J.
Plaintiff, Faisal Lodhi, an inmate presently confined at the New Jersey State Prison in
Trenton, New Jersey, seeks to bring a 14th Amendment Due Process claim against the State
Parole Board of New Jersey and Thomas Haaf, a member of Lodhi’s parole hearing panel.
Lodhi seeks damages for injuries arising out of an incident in which he was allegedly asked
improper questions regarding his religious beliefs. It is claimed that these questions caused him
to be discriminated against.
Plaintiff has submitted an application to proceed in forma pauperis, pursuant to 28 U.S.C.
' 1915, in the form of an application to proceed in forma pauperis supplied by state prison
officials.
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 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, Plaintiff’s in forma pauperis application lacks
a signed certification of his prison account statement from an authorized officer at each of the
correctional facilities where he is either presently confined or has been confined in the preceding
six months as prescribed under 28 U.S.C. ' 1915(a)(2).
IT IS, therefore, on this 29th day of September, 2011
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 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 from each correctional institution where he had been confined during this period,
signed and certified by an authorized officer of each of those institutions, 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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