REID v. LANIGON

Filing 4

MEMORANDUM ORDER that the Clerk of the Court SHALL RE-OPEN this case for consideration of Plaintiff's application to re-open his case; that Plaintif's action is hereby DISMISSED WITHOUT PREJUDICE; that the Clerk of the Court SHALL RE-CLOSE this matter accordingly. Signed by Judge Michael A. Shipp on 5/30/2014. (jjc)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

BERNARD S. REID,
Civil Action No. 12-5372 (MAS)
Petitioner,
v.

MEMORANDUM ORDER

GARY LANIGAN,
Respondent.

THIS MATTER comes before the Court by letter application filed by Petitioner, Bernard
S. Reid, seeking to re-open his case. (ECF No. 3.) It appearing that:
1. On August 27, 2012, Petitioner filed a habeas application challenging his 1981 New

Jersey state judgment of conviction, without submitting the requisite filing fee or a complete
application to proceed in forma pauperis ("IFP"). (ECF No. 1.) Consequently, this Court issued
an Order on March 13, 2013, administratively terminating the action. Petitioner was informed
by the Order that he could re-open his case upon submission of the filing fee or a complete IFP
application. (ECF No. 2.)
2. On April 3, 2013, Petitioner submitted a letter application seeking to re-open his case
and informing the Court that his IFP application was forthcoming but delayed due to problems
with prison officials processing his request for an account statement. (ECF No. 3.) Petitioner
did not submit the $5.00 filing fee or an IFP application with his motion.
3. To date, Petitioner has failed to submit the $5.00 filing fee or an IFP application as
directed by this Court's March 13, 2013. Moreover, Petitioner has failed to inform the Court as

to the reasons for his delay in doing so. Accordingly, this action will be dismissed without
prejudice and taken off the Court's active docket.
THEREFORE, BASED ON THE FOREGOING,
IT IS ON THIS 3U'f)ay ofMay, 2014
ORDERED that the Clerk of the Court SHALL RE-OPEN this case for consideration of
Plaintiffs application to re-open his case; and it is further
ORDERED that Plaintiffs action is hereby DISMISSED WITHOUT PREJUDICE; and
it finally
ORDERED that the Clerk of the Court SHALL RE-CLOSE this matter accordingly.

MIC~

United States District Judge

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