RAZZOLI v. US PAROLE COM'N et al

Filing 4

MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 1/10/2012. (nz, )n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
KEVIN RAZZOLI,
Petitioner,
v.
U.S. PAROLE COMM’N, et al.,
Respondents.

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Civil Action No. 11-7227 (JBS)
MEMORANDUM OPINION

APPEARANCES:
Petitioner pro se
Kevin Razzoli
F.C.I. Fairton
Fairton, NJ 08320
SIMANDLE, Chief Judge
Petitioner Kevin Razzoli, a prisoner confined at the Federal
Correctional Institution at Fairton, New Jersey, has filed a
Petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2241.
The Petition is unintelligible as to the grounds for Petitioner’s
challenge to his confinement.1
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Petitioner was convicted of attempted murder and attempted
kidnapping following a Navy court martial and was sentenced to a
twenty-five year term of imprisonment in 1987. See Razzoli v.
Sullivan, No. 94-55645, 1995 WL 77569, at *1 (9th Cir. 1995)
(affirming district court denial of Petitioner’s writ of habeas
corpus challenging his 1987 military conviction). Petitioner
challenged the conviction by writ of habeas corpus. The Court of
Appeals for the Ninth Circuit affirmed the district court’s
denial of the habeas petition. Id. Petitioner was subsequently
transferred into the Federal Bureau of Prisons. He has been
granted parole on multiple occasions, but his parole has been
revoked repeatedly. See Razzoli v. U.S. Navy, 248 Fed.Appx. 473
(3d Cir. 2007). It appears from an attachment to his current
Petition that Petitioner is presently confined pursuant to yet

Petitioner neither prepaid the $5.00 filing fee for a habeas
petition nor submitted an application for leave to proceed in
forma pauperis.

Instead, Petitioner attached to the Petition a

copy of a request for withdrawal of $1 from his inmate account.
The Court has not received any payment.
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

another revocation of parole.
A review of the federal courts’ PACER Case Locator service
reveals that Petitioner is a serial filer of habeas corpus
petitions in several federal courts. Some of his litigation
history was summarized in Razzoli v. U.S. Parole Commission, No.
10-cv-1842, 210 WL 4622178, at *1-3 (E.D.N.Y. Nov. 5, 2010). He
also has filed over twenty civil rights lawsuits against federal
law enforcement agencies and officers since his military
conviction for attempted murder in 1987. See, e.g., Razzoli v.
City of New York, 08-cv-4586 (S.D.N.Y.), Order of Dismissal,
dated May 19, 2008, at 7-8 (noting that this was the plaintiff’s
fourth complaint since February 2005, the judge stated: “I hereby
warn plaintiff that the further filing of non-meritorious cases
may result in the issuance of an Order barring plaintiff from
filing any further actions without prior leave of the Court.”).
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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).

Petitioner did not prepay the $5.00 filing fee for a habeas
petition as required by Local Civil Rule 54.3(a), nor did
Petitioner submit 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 move to re-open

within 30 days, by either prepaying the filing fee or submitting
a complete application for leave to proceed in forma pauperis.
In addition, any request to re-open must be accompanied by an
amended petition clearly stating the grounds for his challenges
to his present confinement.
An appropriate Order will be entered.

s/ Jerome B. Simandle
Jerome B. Simandle
Chief Judge
United States District Court
Dated:

January 10, 2012
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