Newark, NJ – A federal judge has halted a lawsuit brought by an Essex County Jail detainee until the prisoner either pays court fees or properly applies to proceed without them.
Complaint filed without payment
Plaintiff Daniel Bryan Madsen, who is currently incarcerated at Essex County Jail, filed a civil rights complaint under 42 U.S.C. §1983 alleging violations tied to his detention. Court records show Madsen did not pay the mandatory $405 filing fee when submitting his complaint.
Under federal law, indigent prisoners may request to proceed in forma pauperis, which lowers the required payment to $350 and allows installment payments from their inmate trust accounts. However, to qualify, inmates must file an affidavit of assets and a certified six-month account statement from their correctional facility.
Strict filing rules for inmates
Judge Edward S. Kiel explained in the opinion that even if partial payment is made, a case may still be dismissed if it is deemed frivolous, malicious, or legally deficient. The judge also warned that inmates with three or more dismissed lawsuits for these reasons cannot proceed in forma pauperis unless they are in imminent danger of serious physical injury.
Because Madsen neither paid the fee nor submitted the necessary financial paperwork, the court ordered the Clerk to send him the required application.
Case temporarily paused
The judge directed that the matter will remain pending but not move forward until Madsen returns a completed in forma pauperis application with his financial statement or pays the full filing fee. The Clerk will reopen the case once one of those conditions is met.
Key Points
- Essex County Jail inmate Daniel Bryan Madsen filed a civil rights lawsuit without paying required court fees.
- Federal law requires either full payment or a proper in forma pauperis application with financial records.
- The case is paused and will reopen once Madsen complies with filing requirements.
