LOPEZ-NEGRON v. ORTIZ

Filing 4

MEMORANDUM AND ORDER, 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, etc. Signed by Judge Robert B. Kugler on 1/18/17. (js)

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 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’s application to proceed in forma pauperis was denied without prejudice as
incomplete. Subsequently, petitioner filed a new application to proceed in forma pauperis such
that the Clerk will be ordered to reopen this case.
Despite the fact that petitioner’s application to proceed in forma pauperis is now
complete, it will be denied. Local Civil Rule 81.2(c) states that a petitioner shall not be entitled
to in forma pauperis status if his prison account exceeds $200. In this case, petitioner’s prisoner
account shows a balance of over $800. Therefore, petitioner’s application to proceed in forma
pauperis will be denied and this matter will again be administratively terminated. Petitioner shall
be given thirty days in which to reopen this action by paying the $5.00 filing fee.
Accordingly, IT IS this 18th day of January, 2017,
ORDERED that the Clerk shall reopen this case; 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

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