HEYWARD v. WARDEN

Filing 2

MEMORANDUM AND ORDER that petitioner's application to proceed in forma pauperis is DENIED; Clerk of the Court shall ADMINISTRATIVELY TERMINATE the petition. Signed by Judge Robert B. Kugler on 9/29/2017. (tf, n.m.)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _________________________________________ MICHAEL C. HEYWARD, : : Petitioner, : Civ. No. 17-7131 (RBK) : v. : : WARDEN FCI FAIRTON, : 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. He requests to proceed in forma pauperis. The certification and account statement submitted by Petitioner indicates the greatest amount on deposit in his prison account in the past six months was $496.02. Under the local rules, “[i]f the prison account of any petitioner or movant exceeds $200, the petitioner or movant shall not be considered eligible to proceed in forma pauperis.” Local Civ. R. 81.2(c). Petitioner is therefore ineligible for in forma pauperis status and must pay the $5.00 filing fee before the petition can be filed. Accordingly, IT IS this 29th day of September, 2017, ORDERED that petitioner’s application to proceed in forma pauperis is DENIED, Local Civ. R. 81,2(c); and it is further ORDERED that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE the petition pending submission of the filing fee; and it is further ORDERED that the Clerk shall serve this order on petitioner by regular U.S. mail. s/Robert B. Kugler ROBERT B. KUGLER United States District Judge

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