Omar Tunstall v. Sgt. Higgins, et al.

Summary

The United States District Court for the District of New Jersey denied without prejudice Omar Tunstall’s application to proceed in forma pauperis because he failed to submit a certified six-month prison account statement. The court administratively terminated the action without filing the complaint or assessing a filing fee and allowed Plaintiff 30 days to reopen the case by submitting a complete application or paying the required fees.

Holdings

1. A prisoner seeking to proceed in forma pauperis must submit a complete affidavit of inability to pay and a certified copy of the inmate trust-account statement for the six-month period preceding the application; Plaintiff's failure to submit the certified six-month statement required denial of his application without prejudice.
2. When a prisoner fails to submit a complete in forma pauperis application or pay the required filing and administrative fees, the court may administratively terminate the action without filing the complaint or assessing a filing fee, while allowing reopening upon timely correction of the deficiency.

Questions Presented

1. Whether Plaintiff satisfied the statutory requirements for proceeding in forma pauperis under 28 U.S.C. § 1915(a).
2. Whether the court should administratively terminate the action when the prisoner failed to submit a complete in forma pauperis application.

Disposition

other