LILLY v. UNION COUNTY JAIL et al, No. 2:2016cv00134 - Document 3 (D.N.J. 2016)
Court Description: OPINION. Signed by Judge Kevin McNulty on 1/13/16. (DD, )
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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY WILLIAM JAMES LILLY, Jr., Plaintiff, : Civ. No. 16-0134 (KM) (MAH) V. Dockets.Justia.com OPINION UNION COUNTY JAIL, et al., Defendants. KEVIN MCNULTY, U.S.D.J. Plaintiff, Williams James Lilly, Jr., is currently incarcerated at the Union County Jail in Elizabeth, New Jersey. He brings this prose civil rights action pursuant to 42 U.S.C. § 1983. The Clerk will not file a civil complaint unless the person seeking relief pays the entire applicable filing fee in advance or the person applies for and is granted informapauperis status pursuant to 28 U.S.C. § 1915. See L,Civ.R. 5.1(f). The filing fee for a civil complaint is $400.00. ifa prisoner-plaintiff is proceeding in /àr,napauperis, the fee is $350.00, subject to being paid in instalments as described below. The Clerk has received the complaint, but it will not be filed unless and until the plaintiff has either paid the full filing fee or been granted informapauperis status. A prisoner who seeks to bring a civil action införmapauperis must submit an affidavit, including a statement of all assets, which states that the prisoner is unable to pay the applicable filing fee. See 28 U.S.C. § 191 5(a)(1). The prisoner must also submit a certified copy of his inmate trust fund account statement for the six-month period immediately preceding the filing of his complaint. See Id. § 1915(a)(2). The prisoner must obtain this statement from the appropriate official of each prison at which he was or is confined. See id.; see also L.Civ,R. 81.2(b) (“Whenever a Federal, State, or local prisoner submits a civil rights complaint . . . the prisoner shall also submit an affidavit setting forth miormalion which establishes that the prisoner is unable to pay the fees and costs of the proceedings and shall further submit a certification signed by an authorized officer of the institution certifying (1) the amount presently on deposit in the prisoner’s prison account and, (2) the greatest amount on deposit in the prisoner’s prison account during the six-month period prior to the date of the certification.”). Even if a prisoner is granted filing fee of $350.00. See 28 U.S.C. in firmapauperis status, he must pay the full amount of the § 19l5(h)(l). 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. See id. § 191 5(h)(2). The deductions will continue until the $350.00 filing fee is paid. Even if the necessary fees are paid and the complaint is accepted fir filing, the Court may nevertheless immediately dismiss the case. The Court must review the complaint and dismiss it 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. See Ed. § 1915(e)(2)(B); see also id. § 1915A(b). 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!örrnapauperis unless he is in imminent danger of serious physical injury. See id. § 1915(g). In this case, plaintiff has not paid the $400.00 filing fee. Furthermore, plaintiff has not submilted an application to proceed in /örma pauperis, which, if granted, would entitle him to pay a filing fee of $350.00 in instalments. Therefore, the Clerk will be ordered to 2 ______________________ administratively close the case. Plaintiff may reopen this action, however, by either paying the filing fee or submitting a complete informa pauperis application that accompanies this Opinion and Order. Plaintiff shall disregard the Clerk’s letter dated January 11, 2016. (I)kt. No. 2) That letter, which applies to non-prisoner cases, was sent in error as to this, a prisoner civil rights case. DATED: January 13,2016 KEVIN MCNULTY United States District Judge 3
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