MCKINNEY v. LANIGAN et al, No. 3:2018cv00309 - Document 3 (D.N.J. 2018)
Court Description: MEMORANDUM OPINION filed. Signed by Judge Freda L. Wolfson on 4/5/2018. (mps)
Download PDF
<![CDATA[
MCKINNEY v. LANIGAN et al Doc. 3 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _________________________________________ IVAN G. MCKINNEY, : : Plaintiff, : Civ. No. 18-309 (FLW) (LHG) : v. : : GARY LANIGAN et al., : MEMORANDUM OPINION : Defendants. : _________________________________________ : FREDA L. WOLFSON, U.S.D.J. Plaintiff, Ivan G. McKinney (“McKinney”), a state prisoner, filed pro se with the Court a Complaint alleging claims under 42 U.S.C. § 1983. (ECF No. 1.) A Complaint must generally include either a $400.00 fee (a $350.00 filing fee plus a $50.00 administrative fee) or an application to proceed in forma pauperis. 28 U.S.C. §§ 1914(a), 1915(a). McKinney’s Complaint did not include either the $400.00 fee or a proper application to proceed in forma pauperis. 1 Therefore, the application will be denied without prejudice. 1 A prisoner who seeks to proceed in forma pauperis must submit an affidavit, including a statement of all assets, stating that the prisoner is unable to pay the applicable filing fee. See 28 U.S.C. § 1915(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. Even if a prisoner is granted in forma pauperis status, he must pay the full amount of the filing fee of $350.00. See 28 U.S.C. § 1915(b)(1). 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. § 1915(b)(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 for filing, the Court may nevertheless immediately dismiss the case. The Court must review the complaint and dismiss it 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. See id. § 1915(e)(2)(B); see also id. § 1915A(b). Dockets.Justia.com Accordingly, the Clerk of the Court will be ordered to administratively close the case. McKinney may reopen this action, however, by either paying the filing fee or submitting a complete in forma pauperis application. Additionally, as the matter is being administratively terminated, McKinney’s pending motion for the appointment of pro bono counsel, (ECF No. 2), is moot and is denied without prejudice. DATED: April 5, 2018 s/Freda L. Wolfson FREDA L. WOLFSON United States District Judge 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. See id. § 1915(g). 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
