POTEAT v. ATTORNEY GENERAL OF THE STATE OF NEW JERSEY et al
MEMORANDUM, ORDER Petitioner's IFP application, on appeal, is Denied without prejudice. nm 3/7. Signed by Judge Robert B. Kugler on 3/6/17. (jbk, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JOHN WESLEY POTEAT,
Civ. No. 16-2351 (RBK)
ATTORNEY GENERAL OF THE STATE OF
MEMORANDUM AND ORDER
NEW JERSEY, et al.,
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. On February 1, 2017, this Court dismissed the habeas petition as
untimely. (See Dkt. Nos. 11 & 12) Petitioner has appealed this Court’s decision to the United
States Court of Appeals for the Third Circuit. (See Dkt. No. 13) Presently pending before this
Court is petitioner’s application to proceed on appeal in forma pauperis. (See Dkt. No. 15)
The Third Circuit’s local rules require that:
Prisoners seeking to proceed on appeal in forma pauperis must file
an affidavit of poverty in the form prescribed by the Federal Rules
of Appellate Procedure accompanied by a certified statement of the
prison account statement(s) (or institutional equivalent) for the 6
month period preceding the filing of the notice of appeal[.]
3d Cir. L. App. R. 24.1(c). In this case, petitioner’s application to proceed in forma pauperis
lacks the required certified prison account statement. Therefore, his application to proceed in
forma pauperis on appeal will be denied without prejudice.
Accordingly, IT IS this 6th day of March, 2017,
ORDERED that petitioner’s application to proceed in forma pauperis on appeal (Dkt. No.
15) is denied without prejudice; and it is further
ORDERED that the Clerk shall serve this Order on petitioner by regular U.S. mail.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge
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