SEATON v. HOLLINGSWORTH

Filing 2

MEMORANDUM and ORDER IFP is DENIED and Clerk shall administratively terminate this matter. ORDERED petitioner has 30 days from the entry of this Order to submit the IFP applciation or the $5 filing fee. ORDERED Clerk shall send petitioner a blank IFP and a copy of this Order. Signed by Judge Robert B. Kugler on 4/24/2014. (nz, )n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
RONALD SEATON,
:
:
Petitioner,
:
:
v.
:
:
JORDAN HOLLINGSWORTH,
:
:
Respondent.
:
___________________________________ :

Civ. No. 14-2331 (RBK)
MEMORANDUM AND ORDER

Petitioner is a federal prisoner currently incarcerated at F.C.I. Fort Dix in Fort Dix, New
Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. §
2241.
Petitioner did not pay the $5.00 filing fee. Furthermore, his application to proceed in
forma pauperis is incomplete. Petitioner failed to attach the requisite affidavit which sets forth
that he is unable to pay the filing fee and he has not attached a certified statement by the
appropriate prison official detailing his prison account. Indeed, Local Civil Rule 81.2(b) states
as follows:
Whenever a Federal, State, or local prisoner submits a . . . petition
for a writ of habeas corpus . . . the prisoner shall also submit an
affidavit setting forth information which establishes that the
prisoner is unable to pay the fees and costs of the proceedings and
shall further submit 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 prisoner’s prison account during the six-month
period prior to the date of the certification.
LOCAL CIV. R. 81.2(b) (emphasis added). Therefore, petitioner’s application to proceed in forma
pauperis will be denied without prejudice as it is incomplete.

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As petitioner has neither pre-paid the filing fee nor submitted a complete application to
proceed in forma pauperis, the Clerk will be ordered to administratively terminate the case.
However, petitioner shall be given an opportunity reopen this action by either paying the filing
fee or submitting a complete in forma pauperis application.
Accordingly, IT IS on this 24th day of April, 2014,
ORDERED that petitioner’s application to proceed in forma pauperis is denied without
prejudice; and it is further
ORDERED that the Clerk shall administratively terminate this case for petitioner’s
failure to either pay the requisite filing fee of $5.00 or submit a complete application to proceed
in forma pauperis; and it is further
ORDERED that if petitioner wishes to reopen this action, he shall notify the Court within
thirty (30) days of the date of entry of this Order, in writing; petitioner’s writing shall include
either: (1) a complete in forma pauperis application, including a certified statement of
petitioner’s institutional account as required by Local Civil Rule 81.2(b); or (2) the $5.00 filing
fee; and it is further
ORDERED that the Clerk shall serve on petitioner by regular U.S. mail this
Memorandum and Order and a blank form application to proceed in forma pauperis by a
prisoner in a habeas corpus case.

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

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