GRAY v. BONDS et al

Filing 2

OPINION. Signed by Judge Noel L. Hillman on 6/19/2017. (rtm, )

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ERIC GRAY, Petitioner, v. WILLIE BONDS, Respondent. : : : : : : : : : : : Civil Action No. 17-4276 (NLH) OPINION APPEARANCES: Eric Gray 361615c Bayside State Prison 4293 Route 47 P.O. Box F-2 Leesburg, NJ 08327 Petitioner Pro se HILLMAN, District Judge Pro Se Petitioner Eric Gray files this writ of habeas corpus under 28 U.S.C. § 2254, which challenges his 2010 New Jersey state court conviction. The Petition is deficient for the following reasons. 1. Proper Form Local Civil Rule 81.2 provides: Unless prepared by counsel, petitions to this Court for a writ of habeas corpus . . . shall be in writing (legibly handwritten in ink or typewritten), signed by the petitioner or movant, on forms supplied by the Clerk. L. CIV. R. 81.2(a). Petitioner did not use the habeas form supplied by the Clerk for section 2254 petitions, i.e., AO 241 (modified): DNJ-Habeas-008(Rev.01-2014). 2. Filing Fee Petitioner neither prepaid the $5.00 filing fee for a habeas petition as required by Local Civil Rule 54.3(a), nor did he submit a complete application to proceed in forma pauperis. Specifically, Petitioner failed to submit the account certification required by Local Civil Rule 81.2(b). See L. CIV. R. 81.2(b) (a prisoner seeking in forma pauperis status must “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.”) Conclusion For the reasons stated above, the Court will administratively terminate this matter. If Petitioner wishes to reopen this case, within 30 days, he must submit a complete, signed habeas petition on the correct form which names the proper respondent and identifies his grounds for relief and the supporting facts. He must also submit either the $5 filing fee 2 or a complete in forma pauperis application. An appropriate order follows. Dated: June 19, 2017 At Camden, New Jersey s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?