PENNINGTON v. HUGHES et al

Filing 2

MEMORANDUM OPINION. Signed by Judge Robert B. Kugler on 5/21/2013. (bdk, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MICHAEL PENNINGTON,
Petitioner,
v.
C. RAY HUGHES, et al.,
Respondents.

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Civil Action No. 13-2692 (RBK)

MEMORANDUM OPINION

APPEARANCES:
Michael Pennington
Southern State Correctional Facility
4295 Route 47
Delmont, NJ 08314
Petitioner pro se

KUGLER, District Judge
Petitioner Michael Pennington, a prisoner confined at Southern State Correctional
Facility in Delmont, New Jersey, has filed a Petition for writ of habeas corpus, pursuant to 28
U.S.C. § 2254, challenging his conviction of robbery.
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.
In addition, the Court notes that Petitioner failed to sign the Petition as required by Rule
11 of the Federal Rules of Civil Procedure.
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. Any application to re-open must be accompanied by a signed copy
of the Petition.
An appropriate Order will be entered.

s/Robert B. Kugler
Robert B. Kugler
United States District Judge
Dated: May 21, 2013