Exinvil v. U.S.A. et al

Filing 10

MEMORANDUM & ORDER denying 8 Application to reopen his case is DENIED W/OUT PREJUDICE. Pltf shall submit a complete IFP or $350 FF w/in 30 days to reopen, etc. Blank IFP & Order sent to Petitioner. Signed by Judge Robert B. Kugler on 6/7/2012. (drw)n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ANTOINE EXINVIL,
Petitioner,
v.
U.S.A., et al.,
Respondents.

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Civil No. 11-1444 (RBK)

MEMORANDUM AND ORDER

IT APPEARING THAT:
1.

Petitioner, Antoine Exinvil, a federal inmate currently

confined at the FCI Fort Dix in Fort Dix, New Jersey, seeks to
re-open his case, a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2241, which was administratively terminated by
Order of this Court entered on March 17, 2011, because Petitioner
had neither prepaid the $5.00 filing fee for a habeas petition as
required by Local Civil Rule 54.3(a), nor had he submitted a
complete application to proceed in forma pauperis.

(See Docket

entry no. 4).
2.

On or about March 29, 2011, Petitioner filed a letter

that stated he was enclosing his application to proceed in forma
pauperis (“IFP”), and asking the Court to re-open his habeas

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action.

(See Docket entry no. 5).

However, no IFP application

was enclosed.
3.

Petitioner again wrote to the Court on November 28,

2011, December 27, 2011, January 27, 2012, and March 12, 2012,
asking that his case be re-opened, but he failed to submit a
completed IFP application or pay the $5.00 filing fee.

(See

Docket entry nos. 6, 7, 8, and 9).
THEREFORE, it is on this

7th

day of

June

, 2012;

ORDERED that Petitioner’s application to re-open his case is
hereby DENIED, without prejudice; and it is further
ORDERED that the Clerk of the Court shall supply to
Petitioner a blank form Application to Proceed In Forma Pauperis
in a Habeas Corpus Case, for use by a prisoner; and it is further
ORDERED that, if Petitioner wishes to reopen this action, he
shall so notify the Court within 30 days of the date of entry of
this Order, in writing addressed to the Clerk of the Court,
Mitchell H. Cohen Building and U.S. Courthouse, Fourth and Cooper
Streets, Camden, New Jersey, 08101; Petitioner’s writing shall
include either: (1) a complete in forma pauperis application,
including a certification of Petitioner’s institutional account,
as required by Local Civil Rule 81.2(b); or (2) the $5 filing
fee; and it is finally
ORDERED that upon receipt of a writing from Petitioner
stating that he wishes to reopen this case, and either a complete

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in forma pauperis application or filing fee within the time
allotted by this Court, the Clerk of the Court will be directed
to reopen this case; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of
this Order upon Plaintiff by regular U.S. mail.

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

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