GIBBS v. GOODWIN et al

Filing 4

ORDERED that petitioner's application IFP is DENIED. ORDERED that petitoner shall be given 30 days from the date of entry of this Order to remit the requisite $5 FF for habeas petitions and the Clerk shall not close the file during this 30 -day period. ORDERED that if the petitioner pays the FF during this 30-day period, then the Clerk shall file the petition as a paid petition. ORDERED that if the petitioner does not pay the FF within the time specified above, then the Clerk shall deem the petition withdrawn and close the file without assessing fees. Signed by Judge Noel L. Hillman on 5/1/09. (drw, )

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY RICHARD GIBBS, Petitioner, v. BERNARD GOODWIN, et al., Respondents. : : Civil Action No. 09-1046 (NLH) : : : ORDER : : : :

Petitioner, a state prisoner confined at the Adult Diagnostic and Treatment Center ("ADTC") in Avenel, New Jersey, having submitted a petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254; and it appearing that: 1. Petitioner submitted his petition for a writ of habeas

corpus pursuant to 28 U.S.C. § 2254, on or about March 1, 2009, with an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. His application to proceed as an indigent

included his prison account statement for the past six months, as well as an account certification from an authorized official at the ADTC where Petitioner is presently confined. 2. Upon this Court's inspection of petitioner's prison

account statement submitted with his affidavit of indigency, and the authorized ADTC official certification of petitioner's account, pursuant to Local Civil Rule 81.2(b), it appears that petitioner has had a maximum balance of $668.28 within the six months preceding the filing of this habeas petition, as well as a

balance of $486.49 at the time he submitted his petition for filing. 3. Local Civil Rule 81.2(c) prohibits this Court from

granting in forma pauperis status to any habeas petitioner whose prison account exceeds $200 during the six-month period before the date of the certification of petitioner's prison account. See also Local Civil Rule 81.2(b). It is therefore on this 1st day of May , 2009 ORDERED that petitioner's application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 is denied; and it is further ORDERED that petitioner shall be given 30 days from the date of entry of this Order to remit the requisite $5.00 filing fee for habeas petitions, pursuant to Local Civil Rule 54.3, and the Clerk shall not close the file during this 30-day time period; and it is further ORDERED that if petitioner pays the $5.00 filing fee during this 30-day period, then the Clerk shall file the petition as a paid petition; and it is finally

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ORDERED that if petitioner does not pay the filing fee within the time specified above, then the Clerk shall deem the petition withdrawn and close the file without assessing fees.

/s/ NOEL L. HILLMAN United States District Judge At Camden, New Jersey

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