GRAY v. BONDS et al
Filing
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OPINION. Signed by Judge Noel L. Hillman on 6/19/2017. (rtm, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ERIC GRAY,
Petitioner,
v.
WILLIE BONDS,
Respondent.
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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
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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.
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