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

Filing 18

MEMORANDUM AND ORDER Vacating the Court's 16 Order. Signed by Judge Robert B. Kugler on 3/10/2017. (TH, )

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.,
:
:
Respondent.
:
_________________________________________ :
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. This Court dismissed that habeas petition as untimely. Petitioner
then appealed and filed an application to proceed in forma pauperis on appeal. This Court then
mistakenly entered two orders, one granting the application to proceed in forma pauperis on
appeal (see Dkt. No. 16) and one denying the application as incomplete. (See Dkt. No. 17) For
the reasons stated in the order denying the application to proceed on appeal in forma pauperis,
that was the proper adjudication of petitioner’s request. Therefore, this Court will vacate the
order that granted petitioner’s application to proceed in forma pauperis on appeal as petitioner’s
application to proceed in forma pauperis on appeal was insufficient.
Accordingly, IT IS this 10th day of March, 2017,
ORDERED that this Court’s Order entered March 7, 2017 (Dkt. No. 16) is vacated; 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