Opinion
Civ. 23-3436 (RK) (TJB)
12-04-2023
RALPH BAKER, Plaintiff, v. NEW JERSEY DEPARTMENT OF CORRECTIONS, et al., Defendants.
MEMORANDUM AND ORDER
ROBERT KIRSCH United States District Judge.
Plaintiff, Ralph Baker (“Plaintiff' or “Baker”), is a state prisoner currently incarcerated at the New Jersey State Prison in Trenton, New Jersey. He is proceeding pro se with a civil rights complaint filed pursuant to 42 U.S.C. § 1983. See ECF No. 1. Previously, this Court administratively terminated this matter as Plaintiff had not paid the filing fee nor had he applied to proceed in forma pauperis. See ECF No. 4. Subsequently, Plaintiff filed an application to proceed in forma pauperis, see ECF No. 5, such that the Clerk will be ordered to reopen this case so that the in forma pauperis application can be analyzed.
Plaintiffs application to proceed in forma pauperis will be denied without prejudice. As this Court noted in a prior order, a complete in forma pauperis application includes a certified inmate trust account statement for the six-month period immediately preceding the filing of Plaintiffs complaint. See ECF No. 4 at 1 (citing 28 U.S.C. § 1915(a)(2)). Plaintiffs recent in forma pauperis application lacks that required certified six-month account statement.
It is worth noting that Plaintiff filed a prisoner account statement contemporaneously with his complaint. See ECF 1-3 at 7-8. However, that account statement has not been certified by an appropriate prison official.
Accordingly, IT IS on this 4th day of December, 2023, ORDERED that the Clerk shall reopen this case so that this Court can consider Plaintiffs in forma pauperis application; and it is further
ORDERED that Plaintiffs application to proceed in forma pauperis, ECF No. 5, is denied without prejudice; and it is further
ORDERED that the Clerk shall re-administratively terminate this case; and it is further
ORDERED that if Plaintiff wishes to reopen this action, he shall either pay the $402.00 filing fee ($350.00 filing fee plus $52.00 administrative fee) or submit a complete in forma pauperis application within thirty (30) days of the date of this memorandum and order; and it is further
Effective December 1, 2023, the administrative fee increased from $52.00 to $55.00. However, given that this action was initiated before that fee increase, should Plaintiff elect to pay this fee rather than proceed in forma pauperis, he shall only owe the administrative fee owed at the time this action was initiated - $52.00.
ORDERED that the Clerk shall serve on Plaintiff by regular U.S. mail the following: (1) a copy of this memorandum and order; and (2) a blank copy of an application by a prisoner to proceed in forma pauperis in a civil rights case.,