PRATOLA v. BARGE

Filing 7

ORDERED Petitioner's IFP is GRANTED. ORDERED Petition for Writ of Habeas Corpus is DISMISSED for lack of jurisdiction. ORDERED the motion to produce discovery and the motion for summary default judgment are DENIED AS MOOT. ORDERED certificate of appealability is DENIED. ORDERED Clerk shall serve copies of this Order and Opinion upon Petitioner and shall close the file. Signed by Judge Robert B. Kugler on 3/4/2010. (nz, )

CLOSED UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY DONNIE PRATOLA, Petitioner, v. ADRIENNE BARGE, Respondents. : : : : : : : : : :

Hon. Robert B. Kugler Civil Action No. 09-5459 (RBK)

ORDER

For the reasons set forth in the Opinion filed herewith, IT IS on this 4th day of March , 2010,

ORDERED that in forma pauperis status is GRANTED to Petitioner; and it is further ORDERED that the Petition for a Writ of Habeas Corpus is DISMISSED for lack of jurisdiction, without prejudice to the filing of a civil complaint under 42 U.S.C. § 1983; and it is further ORDERED that the motion [docket entry #3] to produce discovery and the motion [docket entry #5] for summary default judgment are DENIED AS MOOT; and it is further ORDERED that a certificate of appealability is DENIED, see 28 U.S.C. § 2253(c)(2); and it is finally ORDERED that the Clerk shall serve copies of this Order and the accompanying Opinion upon Petitioner by regular mail, and shall close the file.

s/Robert B. Kugler ROBERT B. KUGLER United States District Judge