Newark, NJ – A lawsuit filed by a state prisoner against the Middlesex County Adult Correctional Center has been put on hold after a federal judge ruled the case could not proceed until the inmate completed required financial paperwork.
Ross W. Brown, the plaintiff, filed a civil rights complaint under 42 U.S.C. § 1983 but did not submit the certified six-month inmate trust account statement required to apply for in forma pauperis status, which allows prisoners to file lawsuits without paying the full $405 filing fee upfront.
U.S. District Judge Susan D. Wigenton issued a memorandum opinion on Wednesday stating that Brown’s filing was incomplete. The court administratively terminated the complaint and directed the clerk to send Brown a new in forma pauperis application.
Under federal law, prisoners must submit both an affidavit of assets and liabilities and a certified account statement before their complaint can be processed. Even if approved for reduced filing fees, the law requires installment payments and does not allow reimbursement if the case is later dismissed.
Judge Wigenton also noted the “three strikes” rule under 28 U.S.C. § 1915(g), which bars inmates who have previously filed three or more cases dismissed as frivolous, malicious, or failing to state a claim from proceeding in forma pauperis unless they face imminent danger of serious physical harm.
Brown now has the opportunity to resubmit his financial paperwork if he wishes to pursue his claim against the jail.
Key Points
- Inmate Ross W. Brown filed a civil rights lawsuit against Middlesex County Adult Correctional Center.
- Case was halted because Brown failed to submit a certified six-month trust account statement required for fee waiver consideration.
- Judge Susan D. Wigenton ordered the case administratively terminated until paperwork is corrected.
The ruling leaves Brown’s case in limbo until he complies with the filing requirements.
