Order | Filed: July 31, 2026
| Entered: July 31, 2026
PURPURA v. JPMORGAN CHASE BANK, N.A,& Co. et al
Civil Rights: Other | New Jersey
Order on Motion for Miscellaneous Relief
TEXT ORDER: The Court is in receipt of plaintiff's numerous filings requesting for summons to be issued and to "restore procedural progression," among other things. See (Dkts. 8-9, 11-17). "When a complaint is submitted along with an [in forma pauperis ("IFP")] application, the complaint is not deemed filed unless and until IFP status is granted." Spuck v. Fredric, 415 F. App'x 358, 359 (3d Cir. 2011) (per curiam); see also Oatess v. Sobolevitch, 914 F.2d 428, 430 n.1 (3d Cir. 1990) ("When a complaint is accompanied by a motion to proceed in forma pauperis, rather than by payment of a filing fee, the complaint is not docketed, and it is therefore not filed, until the motion has been granted."). Moreover, "a summons can only be obtained if the plaintiff has filed a complaint." Serfess v. Equifax Credit Info. Servs., LLC, Civ. No. 13-406 (RBK), 2015 WL 501972, at *3 (D.N.J. Feb. 5, 2015). Because plaintiff's IFP application in this case remains pending, the complaint is not yet deemed filed. Accordingly, summonses shall not issue, and service is premature. In light of the foregoing, the Court ADMINISTRATIVELY TERMINATES the pending motions filed at (Dkts. 8, 9, 11, and 12). Plaintiff's complaint, IFP application, motion for recusal, and motion to expedite remain under review. The complaint will be screened, and the pending motions decided, in due course. See Urrutia v. Harrisburg Cnty. Police Dep't, 91 F.3d 451, 458 n.13 (3d Cir. 1996) (noting "the delay inherent in [the IFP] process"); see also (Dkt. 3) at 3 ("Pursuant to 28 U.S.C. § 1915(e)(2)(B), the Court [ ] screens all civil cases in which a plaintiff who is not a prisoner has been granted leave to proceed in forma pauperis. As soon as an Order is issued, a copy will be mailed to you. The Court generally will not... rule on motions, serve your Complaint... or require an Answer until after the screening process is complete."). So Ordered by Magistrate Judge J. Brendan Day on 7/31/2026. (cry)