CARTER v. ZICKEFOOSE
Filing
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OPINION. Signed by Judge Noel L. Hillman on 9/26/2011. (bdk, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
DAVID CARTER,
Petitioner,
v.
DONNA ZICKEFOOSE,
Respondent.
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Civil Action No. 11-5394 (NLH)
MEMORANDUM OPINION
APPEARANCES:
Petitioner pro se
David Carter
F.C.I. Fort Dix
P.O. Box 2000
Fort Dix, NJ 08640
HILLMAN, District Judge
Petitioner David Carter, a prisoner confined at the Federal
Correctional Institution at Fort Dix, New Jersey, has filed a
Petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241,
challenging the calculation of his sentence.
The filing fee for a petition for writ of habeas corpus is
$5.00.
Pursuant to Local Civil Rule 54.3(a), the filing fee is
required to be paid at the time the petition is presented for
filing.
Pursuant to Local Civil Rule 81.2(b), whenever a
prisoner submits a petition for writ of habeas and seeks to
proceed in forma pauperis, that petitioner must submit (a) an
affidavit setting forth information which establishes that the
petitioner is unable to pay the fees and costs of the
proceedings, and (b) a certification signed by an authorized
officer of the institution certifying (1) the amount presently on
deposit in the prisoner’s prison account and, (2) the greatest
amount on deposit in the prisoners institutional account during
the six-month period prior to the date of the certification.
If
the institutional account of the petitioner exceeds $200, the
petitioner shall not be considered eligible to proceed in forma
pauperis.
Local Civil Rule 81.2(c).
This matter is before the Court following transfer from the
United States District Court for the Eastern District of
Pennsylvania.
The transfer paperwork does not reflect that
Petitioner either prepaid the filing fee or submitted an
application for leave to proceed in forma pauperis.
CONCLUSION
For the reasons set forth above, the Clerk of the Court will
be ordered to administratively terminate the Petition without
prejudice.
Petitioner will be granted leave to apply to re-open
within 30 days, by either prepaying the filing fee or submitting
a complete application for leave to proceed in forma pauperis.
An appropriate Order will be entered.
At Camden, New Jersey
/s/ Noel L. Hillman
Noel L. Hillman
United States District Judge
Dated: September 26, 2011
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