EDWARDS v. JIMENEZ et al, No. 3:2017cv01669 - Document 2 (D.N.J. 2017)

Court Description: MEMORANDUM OPINION filed. Signed by Judge Brian R. Martinotti on 5/23/2017. (mps)
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EDWARDS v. JIMENEZ et al Doc. 2 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Civil Action No. 17-1669-BRM-LHG MINCEY EDWARDS, Plaintiff, v. MEMORANDUM OPINION HONORABLE JUDGE PEDRO J. JIMENEZ, JR., et al., Defendants. Before this Court is an application to proceed in forma pauperis filed by Plaintiff Mincey Edwards (“Plaintiff”), a prisoner1 at the Tully House facility in Newark, New Jersey. (ECF No. 11.) For the reasons set forth below, Plaintiff’s application to proceed in forma pauperis is DENIED without prejudice and therefore, the Complaint will not be filed. The Prison Litigation Reform Act of 1995 (the “Act”), which amends 28 U.S.C. § 1915, establishes certain financial requirements for prisoners who are attempting to bring a civil action in forma pauperis. Under the Act, a prisoner bringing a civil action in forma pauperis must submit an affidavit, including a statement of all assets, stating the prisoner is unable to pay the fee for the complaint. 28 U.S.C. § 1915(a)(1). The prisoner also must submit a certified copy of his inmate 1 In his complaint, Plaintiff chiefly challenges alleged violations of his rights in his criminal conviction. Although Plaintiff does not explicitly state he is “in custody” in his Complaint, the address he provides is that of the Tully House facility, and Plaintiff in his in forma pauperis application states that he has been in prison for “35 months now” and remains “dependent on the Department of Corrections.” (See ECF No. 1-1 at 5.) Therefore, it appears Plaintiff is currently in custody, albeit in a halfway house rather than in prison, and is subject to the special requirements for in forma pauperis applications brought by prisoners. See Barry v. Brower, 864 F.2d 294, 296 (3d Cir. 1988) (citing Jones v. Cunningham, 371 U.S. 236, 243 (1963) (determining a habeas petitioner was “in custody” while a probationary sentence remained opened even after physical confinement ended)). 1 Dockets.Justia.com trust fund account statement for the six-month period immediately preceding the filing of his complaint. 28 U.S.C. § 1915(a)(2). The prisoner must obtain this statement from the appropriate official of each prison at which he was or is confined. Id. Plaintiff failed to submit a complete in forma pauperis application as required by 28 U.S.C. § 1915(a)(1) and (2). Although Plaintiff provided an affidavit of indigence, he failed to provide a certified account statement from each facility in which he has been imprisoned in the past six months as required by § 1915(a)(2). Accordingly, because Plaintiff failed to provide a complete in forma pauperis application, his application is DENIED without prejudice and the Complaint will not be filed. /s/ Brian R. Martinotti HON. BRIAN R. MARTINOTTI UNITED STATES DISTRICT JUDGE Date: May 23, 2017 2