GRAY v. POWELL et al

Filing 2

MEMORANDUM OPINION FILED. Signed by Judge Noel L. Hillman on 10/3/17. (js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ERIC GRAY,
Petitioner,
v.
JOHN POWELL,
Respondent.

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Civil Action No. 17-6474 (NLH)
17-4276 (NLH)
MEMORANDUM OPINION

IT APPEARING THAT:
1.

On May 20, 2017, Petitioner Eric Gray submitted his

initial writ of habeas corpus under 28 U.S.C. § 2254 challenging
his 2010 New Jersey state court conviction.

(Gray v. Bonds,

Civil Action No. 17-4276.)
2.

The Court entered an Opinion and Order administratively

terminating that case because Petitioner failed to use the
proper form and failed to submit a complete in forma pauperis
application or pay the filing fee.
3.

(Id., ECF Nos. 2, 3.)

On August 10, 2017, Petitioner submitted an Amended

Petition, on the proper form, with the required filing fee.
However, that Amended Petition was inadvertently docketed as a
new civil matter.

(Gray v. Powell, 17-6474, ECF No. 1.)

The

Court will therefore direct the Clerk of the Court to file the
Petition in Civil Action No. 17-6474 as an Amended Petition in
Civil Action No. 17-4276.

4.

Moreover, though Petitioner has now paid the fee 1 and

used the proper form, he failed to complete the entire form.
Specifically, he failed to sign the Amended Petition (page 16)
and failed to sign the certification acknowledging that the
Amended Petition must contain all grounds for relief that he
wishes to raise (page 17).
5.

Based on Petitioner’s failure to comply with Local

Civil Rule 81.2 (“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”), the Court will again administratively
terminate Civil Action No. 17-4276.
6.

If Petitioner wishes to reopen that case, within 30

days, he must submit a complete, signed habeas petition on the
correct form which names the proper respondent and identifies
all grounds for relief and the supporting facts.

An appropriate

order follows.
Dated: October 3, 2017
At Camden, New Jersey

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

1

Petitioner again submits an application to proceed in forma
pauperis, but still did not provide the required account
certification. See L. CIV. R. 81.2(b). Because he submitted the
filing fee, he does not need in forma pauperis status to proceed
with his case; however, to the extent he wishes to obtain such, he
must submit the required account certification.
If prison
officials refuse to provide it, Petitioner must submit a
certification detailing the circumstances of his request and the
correctional officials’ refusal to comply, including the dates of
such events and the names of the individuals involved.
2