govinfo:USCOURTS-njd-1_23-cv-23217-0

UNITED STATES DISTRICT COURT 
DISTRICT OF NEW JERSEY 
____________________________________ 
DARRELL F. GIST,    :   
      :  
  Plaintiff,   : Civ. No. 23-23217 (RBK) (MJS) 
      :  
 v.     :   
      :  
STEPHANIE MCGAN, et al.,  : MEMORANDUM & ORDER    
      : 
  Defendants.   : 
____________________________________: 
 
Plaintiff is a federal prisoner proceeding pro se with this civil action. To date, Plaintiff 
has neither paid the filing fee1 nor has he applied to proceed in forma pauperis.   
A prisoner who seeks to bring a civil action in forma pauperis must submit an affidavit, 
including a statement of all assets, which states 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.; see also L. Civ. R. 81.2(b) 
(“Whenever a Federal, State, or local prisoner submits a civil rights complaint . . .  the prisoner 
shall also submit an affidavit setting forth information which establishes that the prisoner is 
unable to pay the fees and costs of the proceedings and shall further submit a certification signed 
by an authorized officer of the institution certifying (1) the amount presently on deposit in the 
prisoner’s prison account and, (2) the greatest amount on deposit in the prisoner’s prison account 
during the six-month period prior to the date of the certification.”). 
 
1 Plaintiff alludes to including a $350.00 filing fee in his cover letter. (See ECF 1-11). However, 
no such fee was included as noted by the Clerk. Furthermore, the Court notes that should 
Plaintiff wish to pay the fees owed rather than proceed in forma pauperis, he owes the $350.00 
filing fee, plus the $55.00 administrative fee, for a total of $405.00.   
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 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 is: (1) 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). If the plaintiff has, on three or more prior 
occasions while incarcerated, brought an action or appeal in a court that was dismissed on 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).  
 While this Court will screen Plaintiff’s action should he either pay the applicable fees 
owed or submit a complete in forma pauperis application, it is worth noting that Plaintiff’s 
filings to this Court do not include a complaint. Instead, Plaintiff has submitted discovery 
requests naming numerous Defendants. It is highly recommended that should Plaintiff either pay 
the fees owed on this case, or submit a complete in forma pauperis application, that he also 
submits an all-inclusive complaint on the form supplied by the Clerk (along with any 
corresponding exhibits Plaintiff may wish to attach).   
 In this case, Plaintiff has not paid the filing fee nor has he applied to proceed in forma 
pauperis. Plaintiff’s failure to submit the filing fee or a complete application to proceed in forma 
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pauperis necessitates administratively terminating this matter. Plaintiff may reopen this action by 
either paying the filing fee or submitting a proper complete in forma pauperis application.  
Accordingly, IT IS on this 2nd day of January, 2024, 
ORDERED that the Clerk shall administratively terminate this case; Plaintiff is informed 
that administrative termination is not a “dismissal” for purposes of the statute of limitations, and 
that if the case is reopened, it is not subject to the statute of limitations time bar provided the 
original complaint was timely; and it is further 
 ORDERED that Plaintiff may have the above-entitled case reopened, if, within thirty (30) 
days of the date of the entry of this order, Plaintiff either pre-pays the $405 filing fee ($350 filing 
fee plus $55 administrative fee) or submits to the Clerk a proper complete in forma pauperis 
application; and it is further 
 ORDERED that upon receipt of a writing from Plaintiff stating that he wishes to reopen 
this case and a proper complete in forma pauperis application or filing fee within the time 
allotted by this Court, the Clerk will be directed to reopen this case; and it is further 
 ORDERED that the Clerk shall serve on Plaintiff by regular U.S. mail: (1) this 
memorandum and order; (2) a blank form application to proceed in forma pauperis by a prisoner 
in a civil rights case; and (3) a blank form prisoner civil rights complaint.   
         
         s/ Robert B. Kugler 
         ROBERT B. KUGLER 
         United States District Judge  
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