POTEAT v. ATTORNEY GENERAL OF THE STATE OF NEW JERSEY et al

Filing 17

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, )

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _________________________________________ JOHN WESLEY POTEAT, : : Petitioner, : Civ. No. 16-2351 (RBK) : v. : : ATTORNEY GENERAL OF THE STATE OF : MEMORANDUM AND ORDER NEW JERSEY, et al., : : Respondents. : _________________________________________ : 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 2

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