RICKETTS v. HOLDER et al
Filing
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OPINION filed. Signed by Judge Mary L. Cooper on 9/12/2011. (eaj)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
EVON RICKETTS,
Petitioner,
v.
ERIC HOLDER, JR., et al.,
Respondents.
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Civil Action No. 11-4589 (MLC)
O P I N I O N
COOPER, District Judge
Petitioner, Evon Ricketts, an alien detainee confined at
Monmouth County Correctional Institution, has filed a Petition
for writ of habeas corpus, pursuant to 28 U.S.C. § 2241,
challenging his prolonged detention in lieu of removal.
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), nor did
Petitioner submit an application for leave to proceed in forma
pauperis.
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 move to re-open
within 30 days, by either prepaying the filing fee or submitting
a complete application for leave to proceed in forma pauperis,
including a certified institutional account statement.
An appropriate Order will be entered.
s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated:
September 12, 2011
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