LECRAFT v. UNITED STATES OF AMERICA

Filing 4

MEMORANDUM AND ORDER: Clerk shall reopen case; petitioner's application to proceed in forma pauperis is denied; if petitioner wishes to reopen this action, he shall notify the Court within thirty (30) days of the date of entry of this Order; Clerk shall re-administratively terminate this case. Signed by Judge Robert B. Kugler on 9/30/2016. (tf, n.m.)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _________________________________________ ROBERT LEON LECRAFT, : : Petitioner, : Civ. No. 16-5062 (RBK) : v. : : UNITED STATES OF AMERICA, : MEMORANDUM AND ORDER : Respondent. : _________________________________________ : Petitioner is a federal prisoner currently incarcerated at F.C.I. Fort Dix in Fort Dix, New Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Previously, this matter was administratively terminated as petitioner has not paid the filing fee nor has he submitted an application to proceed in forma pauperis. Subsequently, petitioner has submitted an application to proceed in forma pauperis. Therefore, the Clerk will be ordered to reopen this case so that this Court can analyze petitioner’s application. Petitioner’s application to proceed in forma pauperis will be denied. Local Civil Rule 81.2(c) states that a petitioner proceeding with a petition for writ of habeas corpus is not permitted to proceed in forma pauperis if the amount in his prison account exceeds $200.00. Petitioner’s application to proceed in forma pauperis indicates that he has $539.04 in his prison account. Accordingly, IT IS this 30th_ day of September, 2016, ORDERED that the Clerk shall reopen this case so that petitioner’s application to proceed in forma pauperis may be analyzed; and it is further ORDERED that petitioner’s application to proceed in forma pauperis is denied; and it is further ORDERED that the Clerk shall re-administratively terminate this case for petitioner’s failure to pay the requisite filing fee of $5.00; 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 the $5.00 filing fee; and it is further ORDERED that the Clerk shall serve a copy of 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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