James Belfor v. CFG Health Services, et al.

Summary

The United States District Court for the District of New Jersey administratively terminated James Belfor’s civil rights action because his in forma pauperis application was unsigned. The court gave him 30 days to submit a complete, signed application with a certified six-month prison account statement or pay the full filing and administrative fee, and explained that administrative termination was not a dismissal for statute-of-limitations purposes.

Holdings

1. When a prisoner submits an unsigned and therefore incomplete application to proceed in forma pauperis and has not paid the required filing fee, the court may administratively terminate the action without filing the complaint or assessing a fee, while allowing the prisoner an opportunity to cure the deficiency.
2. Plaintiff may reopen the action within 30 days by notifying the court in writing and submitting either a complete signed IFP application with a certified six-month prison account statement or the full $405 fee.

Questions Presented

1. Whether the court should administratively terminate the action when a prisoner submits an unsigned IFP application and has not paid the filing fee.
2. Whether Plaintiff should be given an opportunity to reopen the action by submitting a complete signed IFP application with the required certified six-month prison account statement or by paying the full $405 fee.

Disposition

other