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

Filing 22

MEMORANDUM AND ORDER that petitioner's applications to proceed in forma pauperis on appeal (Dkt. Nos. 19 & 20) are denied as unnecessary as the Third Circuit has now denied a certificate of appealability on petitioner's appeal. Signed by Judge Robert B. Kugler on 5/4/2017. (tf, n.m.)

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
filed pursuant to 28 U.S.C. § 2254. On February 1, 2017, this Court denied the habeas petition
and denied a certificate of appealability. Petitioner filed an appeal. Presently pending before this
Court is petitioner’s applications to proceed in forma pauperis on appeal. (See Dkt. Nos. 19 &
20) After petitioner filed his pending applications to proceed in forma pauperis on appeal, the
United States Court of Appeals for the Third Circuit denied a certificate of appealability on April
24, 2017. (See Dkt. No. 21) On May 1, 2017, the Third Circuit entered an order stating that it
would take no action on petitioner’s pending application to proceed in forma pauperis that was
pending before that Court in light of the order denying a certificate of appealability entered on
April, 24, 2017 that denied a certificate of appealability. In light of the denial of a certificate of
appealability by the Third Circuit, petitioner’s applications to proceed in forma pauperis on
appeal pending before this Court will be denied as unnecessary.
Accordingly, IT IS this 4th day of May, 2017,
ORDERED that petitioner’s applications to proceed in forma pauperis on appeal (Dkt.
Nos. 19 & 20) are denied as unnecessary as the Third Circuit has now denied a certificate of
appealability on petitioner’s appeal; 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