ACEVEDO v. STATE OF NEW JERSEY et al

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 12/14/2017. (tf, n.m.)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _________________________________________ PABLO ACEVEDO, : : Petitioner, : Civ. No. 17-12892 (RBK) : v. : : STATE OF NEW JERSEY, : MEMORANDUM AND ORDER : Respondent. : _________________________________________ : Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He seeks leave to proceed in forma pauperis. The prison account statement is not certified as required under the local rules. However, the Court notes that the submitted account statement indicates that Petitioner routinely has more than $200 in his prison account. 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 proceed. Accordingly, IT IS this 14th day of December, 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 $5.00 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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