BARNEY v. D'ILLIO

Filing 2

MEMORANDUM and ORDER Clerk shall administratively terminate this matter. ORDERED Clerk shall send Petitioner a blank IFP application and a copy of this Order. ORDERED Petitioner has 30 days from the entry of this Order to reopen this matter. Signed by Judge Noel L. Hillman on 1/9/2015. (nz, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

LESTER S. BARNEY,
Petitioner,
v.
STEVEN E. D'ILLIO, et al.,
Respondent.

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Civil Action No. 15-0057(NLH)
MEMORANDUM AND ORDER

This matter having come before the Court on Petitioner’s
submission of a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2254, and it appearing that:
1.

Petitioner is a convicted state prisoner challenging

his New Jersey state court conviction pursuant to 28 U.S.C. §
2254.

He filed this habeas petition on January 5, 2015.

2.

Petitioner neither prepaid the $5.00 filing fee for a

habeas petition as required by Local Civil Rule 54.3(a), nor
submitted a complete application to proceed in forma pauperis
(“IFP”) that contains a certification by an authorized official
at

his

place

of

confinement

certifying

Petitioner’s

institutional account for the preceding six months, as required
under L.Civ.R. 81.2(b).
IT IS THEREFORE on this ___9th__ day of January, 2015,

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ORDERED that the Clerk of the Court 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

the

Clerk

of

the

Court

shall

supply

to

Petitioner a blank form Application to Proceed In Forma Pauperis
in a Habeas Corpus Case (DNJ-PRO-SE-007-B.pdf), for use by a
prisoner; and it is further
ORDERED that, if Petitioner wishes to reopen this action,
he shall so notify the Court within 30 days of the date of entry
of this Order, in writing addressed to the Clerk of the Court,
Mitchell H. Cohen U.S. Courthouse, 4th & Cooper Streets, Camden,
New Jersey 08101; Petitioner’s writing shall include either: (1)
a

complete

in

forma

pauperis

application,

including

a

certification of Petitioner’s institutional account, as required
by Local Civil Rule 81.2(b); or (2) the $5 filing fee; and it is
finally
ORDERED that the Clerk of the Court shall serve a copy of
this Order upon Petitioner by regular U.S. mail, and close this
case accordingly.

At Camden, New Jersey
s/ Noel L. Hillman
Noel L. Hillman
United States District Judge
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