HOOD v. SHARTLE

Filing 2

MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 3/13/2013. (bdk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
HARVEY HOOD, JR.,
Petitioner,
v.
WARDEN J.T. SHARTLE,
Respondent.

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Civil Action No. 13-1422 (NLH)
MEMORANDUM OPINION

APPEARANCES:
Petitioner pro se
Harvey Hood, Jr.
F.C.I. Fairton
Fairton, NJ 08320
HILLMAN, District Judge
Petitioner Harvey Hood, Jr., 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, challenging the imposition of a term of supervised
release as part of his federal sentence.

See United States v.

Hood, Criminal No. 08-0163 (S.D.W.Va.).
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).

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.

Accordingly, this action will be administratively

terminated for failure to satisfy the filing fee requirements and
Plaintiff will be granted leave to apply to re-open.
To the extent Petitioner asserts that institutional
officials have refused to provide the certified account
statement, any such assertion must be supported by an affidavit
detailing the circumstances of Petitioner’s request for a
certified account statement and the institutional officials’
refusal to comply, including the dates of such events and the
names of the individuals involved.

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In addition, the Court notes that the Petition, as filed,
appears incomplete and is not signed.

Any application to re-open

must be accompanied by a complete, signed, copy of the Petition.
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: March 13, 2013

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