LOPEZ-NEGRON v. ORTIZ

Filing 2

MEMORANDUM, ORDER Petitioner's IFP is DENIED without prejudice. Directing Clerk to administratively terminate this case. IFP and Order mailed 12/21. Signed by Judge Robert B. Kugler on 12/21/16. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
FRANCISCO E. LOPEZ-NEGRON,
:
:
Petitioner,
:
Civ. No. 16-9075 (RBK)
:
v.
:
:
DAVID ORTIZ,
:
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. Petitioner has not paid the $5.00 filing fee. Furthermore, petitioner’s application to
proceed in forma pauperis is incomplete. Local Civil Rule 81.2(b) requires a petitioner seeking
in forma pauperis status in a habeas action to:
submit an affidavit setting forth information which establishes that
the prisoner is unable to pay the fees and costs of the proceedings
and shall further submit a certification signed by an authorized
officer of the institution certifying (1) the amount presently on
deposit in the prisoner’s prison account and (2) the greatest amount
on deposit in the prisoner’s prison account during the six-month
period prior to the date of the certification.
L.Civ.R. 81.2(b). Petitioner’s in forma pauperis application lacks the required certification from
the appropriate prison official. Therefore, petitioner’s application to proceed in forma pauperis
will be denied without prejudice. Accordingly, this matter will be administratively terminated.
Petitioner shall have the chance to reopen this action if he either pays the $5.00 filing fee or files
a complete application to proceed in forma pauperis on the form supplied by the Clerk that
accompanies this Order within thirty (30) days.

Therefore, IT IS this 21st day of December, 2016,
ORDERED that petitioner’s application to proceed in forma pauperis will be denied
without prejudice; and it is further
ORDERED that the Clerk shall administratively terminate this case for petitioner’s
failure to pay the requisite filing fee of $5.00 or submit a complete application to proceed in
forma pauperis on the form supplied by the Clerk, 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
either a complete and signed in forma pauperis application or the $5.00 filing fee; and it is
further
ORDERED that the Clerk shall serve a copy of this Order and a blank form application to
proceed in forma pauperis by a prisoner in a habeas corpus case to petitioner by regular U.S.
mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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