BARATOV v. KANE et al

Filing 18

MEMORANDUM AND ORDER directing the Clerk to reopen this matter; ORDERED that Mr. Kleinman's letter request (ECF No. 17) is denied without prejudice to him bringing a motion to appear pro hac vice, etc. Signed by Judge Renee Marie Bumb on 10/11/2018. (dmr)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

ALBERT MIKHAYLOVICH BARATOV,
Plaintiff,
v.

THOMAS R. KANE et al.,
Defendants.

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Civ. Action No. 17-3775 (RMB)

MEMORANDUM AND ORDER

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This matter comes before the Court upon the letter request of
Bernard V. Kleinman. Esq. to represent Plaintiff in this matter.
(Letter Request, ECF No. 17.) Mr. Kleinman is not admitted to the
District of New Jersey and he does not seek permission to appear
pro hac vice. (Id.)
On May 23, 2017, Plaintiff Albert Mikhaylovich Baratov, an
inmate confined in the Federal Correctional Institution in Fort
Dix, New Jersey (“FCI Fort Dix”) filed a civil action seeking
declaratory and injunctive relief to have an ICE detainer that was
lodged against him removed to allow consideration for his placement
in a residential reentry center (“RRC”). (Compl., ECF No. 1.) On
May 24, 2018, this Court dismissed the complaint without prejudice
for

lack

of

jurisdiction

pursuant

to

Federal

Rule

of

Civil

Procedure 12(h)(3) because the claims were not ripe. (Opinion and
Order, ECF Nos. 11, 12.) On July 5, 2018, Plaintiff filed a pro se

motion for relief from judgment on the pleadings, which remains
pending.
Local Civil Rule 101.1(c)(1) requires attorneys who are not
admitted to this Court to bring a motion to appear pro hac vice.
The present matter is not exempt from this requirement.
IT IS therefore on this 11th day of October 2018,
ORDERED that the Clerk shall reopen this matter; and it is
further
ORDERED that Mr. Kleinman’s letter request (ECF No. 17) is
denied without prejudice to him bringing a motion to appear pro
hac vice; and it is further
ORDERED that the Clerk shall serve a copy of this Order on
Plaintiff by regular U.S. mail.
s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

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