LEE v. HASTINGS et al
Filing
2
MEMORANDUM OPINION. Signed by Judge Jose L. Linares on 8/22/12. (jd, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
AL-DUQUAN LEE,
Petitioner,
v.
BEVERLY HASTINGS, et al.,
Respondents.
:
:
:
:
:
:
:
:
:
Civil Action No. 12-5057 (JLL)
MEMORANDUM OPINION
APPEARANCES:
Petitioner pro se
Al-Duquan Lee
East Jersey State Prison
Rahway, NJ 07065
LINARES, District Judge
Petitioner Al-Duquan Lee, a prisoner confined at East Jersey
State Prison in Rahway, New Jersey, has filed a Petition for writ
of habeas corpus, pursuant to 28 U.S.C. § 2254, challenging his
conviction for manslaughter and related charges.
The filing fee for a petition for writ of habeas corpus is
$5.00.
Pursuant to Local Civil Rule 54.3(a), the filing fee is
required to be paid at the time the petition is presented for
filing.
Pursuant to Local Civil Rule 81.2(b), whenever a
prisoner submits a petition for writ of habeas and seeks to
proceed in forma pauperis, that petitioner must submit (a) an
affidavit setting forth information which establishes that the
petitioner is unable to pay the fees and costs of the
proceedings, and (b) 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 prisoners institutional account during
the six-month period prior to the date of the certification.
If
the institutional account of the petitioner exceeds $200, the
petitioner shall not be considered eligible to proceed in forma
pauperis.
Local Civil Rule 81.2(c).
Petitioner did not prepay the $5.00 filing fee for a habeas
petition as required by Local Civil Rule 54.3(a).
Petitioner
submitted a certified copy of his institutional account
statement, but did not submit an application or affidavit
detailing his other assets and liabilities or otherwise
establishing his need to proceed in forma pauperis.
In addition, the Court notes that the Petition is not signed
as required by the Federal Rules of Civil Procedure.
See
Fed.R.Civ.P. 11.
CONCLUSION
For the reasons set forth above, the Clerk of the Court will
be ordered to administratively terminate the Petition without
prejudice.
Petitioner will be granted leave to apply to re-open
within 30 days, by either prepaying the filing fee or submitting
a complete application for leave to proceed in forma pauperis
setting forth all of his assets and liabilities.
2
Petitioner does
not need to resubmit the certified institutional account
statement.
Any application to re-open this matter must be
accompanied by a signed copy of the Petition.
An appropriate Order will be entered.
S/ Jose L. Linares
Jose L. Linares
United States District Judge
Date: August 22, 2012
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?