JOHNSON v. I.R.S. et al

Filing 2

MEMORANDUM and ORDER IFP is DENIED and Clerk shall administratively terminate this matter. ORDERED Clerk shall send Plaintiff a copy of this Order and a blank IFP. ORDERED Petitioner has 30 days from the entry of this Order to reopen this matter. Signed by Judge Robert B. Kugler on 3/3/2015. (nz, )n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
HERBERT JOHNSON,
:
:
Civ. No. 15-1311 (RBK)
Petitioner,
:
:
v.
:
MEMORANDUM AND ORDER
:
I.R.S., et al,
:
:
Respondents.
:
_________________________________________ :
Petitioner is a prisoner currently incarcerated at the Delano State Prison in Delano,
California. 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 filing fee. Furthermore, his application to proceed in
forma pauperis is incomplete. Local Civil Rule 81.2(b) provides that:
[w]henever a Federal, State, or local prisoner submits a petition for
writ of habeas corpus . . . and seeks in forma pauperis status, 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 officers 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.
L.Civ.R. 81.2(b). Petitioner’s in forma pauperis application is missing the required certification
from the appropriate prison official. Thus, the application to proceed in forma pauperis will be
denied without prejudice and the case will be administratively closed. Petitioner shall be given
an opportunity to reopen this action should he so choose.
Accordingly, IT IS this 3rd day of March, 2015,
ORDERED that petitioner’s application to proceed in forma pauperis is denied without
prejudice; and it is further

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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: (1) a copy of
this Order; and (2) a blank form application to proceed in forma pauperis in a habeas corpus
case.

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

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