QUINTANA v. ADMINISTRATOR et al

Filing 14

MEMORANDUM AND ORDER, The Clerk shall reopen this case; Petitioner's application to proceed in forma pauperis 13 is granted; The Clerk shall serve this Order on petitioner by regular U.S. mail. Signed by Judge Kevin McNulty on 7/24/2015. (anr)

tTNITEI) STATES 1)ISTRICT COURT
DISTRICT OF NEW JERSEY

JOSE QUINTANA,
Petitioner,

Civ. No, 13-7135(KM)
MEMORANDUM AND ORDER

V.

ADMINIS’FRA’ft)R. et al.,
Respondents.

Petitioner, .Jose Quintana, is a state pnsoner currently incarcerated at the New Jersey
State Prison in Trenton, New Jersey. lie is proceeding prose with a petition for writ of habeas
corpus pursuant to 28 U.S.C.

§ 2254. Previously, on February 25, 2014, this matter was

administratively terminated as Mr. Quintana had neither paid the $5.00 hung fee nor submitted a
complete application to proceed inforinupauperis. (See Dkt. No. 3.) Almost one year later, on
January 26, 2015, this Court received Mr. Quintana’s notice of appeal and motion to deem his
appeal timely. (See Dki. Nos. 4 & 5.) On February 6, 2015, 1 denied Mr. Quintana’s motion to
deem his appeal to have been filed on time. (See Dkt. Nos. 6 & 7.) 1 instructed Mr. Quintana that
if he wanted to proceed with his habeas petition, he had to either pay the $5.00 filing fee or
submit a complete application to proceed injörma pauperis. The Clerk was ordered to send Mr.
Quintana a blank copy of an application to proceed injörrnapauperis by a prisoner in a habeas
corpus case.
In April, 2015, Mr. Quintana submitted a letter indicating that he never received a copy
of the blank application form to proceed znjbrinapauperis. (See Dkt. No. 9-1 at p. 6.) Therefore,
on May 14, 201 5, the Clerk was ordered to send Mr. Quintana another blank application form to
proceed in/örmapauperis. (See I)kt. No. 11.)

on June 29, 201 5, this Court received Mr. Quintana’s application to proceed

inJörma

pazperis. Therefore, the Clerk will be ordered to reopen this case. Mr. Quintana’s application to
proceed in /or,na pauperis will he granted based on the information provided therein. This Court

will provide Mr. Quintana with the required notice pursuant to Mason

v.

Myers. 208 F.3d 414

(3d Cir. 2000) in a separate Order.
Accordingly, IT IS this 24th day of July, 2015,
ORDEREI) that the Clerk shall reopen this case; and it is further
ORI)EREI) that petitioner’s application to proceed införinapauperis (Dkl. No. 13) is
granted; and it is further

ORDEREI) that the Clerk shall serve this Order on petitioner by regular U.S. mail.

KEVIN MCNULTY
United States District Judge