MUNIZ v. POWELL et al
MEMORANDUM and ORDER Denying Application to proceed In Forma Pauperis. Signed by Judge Michael A. Shipp on 7/1/2015. (kas, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 13-0178 (MAS)
MEMORANDUM AND ORDER
JOHN POWELL, et al.,
THIS MATTER having come before the Court on Petitioner Mervin Muniz's Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Presently before the Court is Petitioner's
letter regarding his in forma pauperis ("IFP") status, or the lack thereof. (ECF No. 28.) It
1. On April 23, 2013, the Court denied Petitioner's initial IFP application for failure to submit
a proper application as required by L. Civ. R. 81.2(b ). (ECF No. 5.) Instead of curing the defective
application, Petitioner submitted the five-dollar filing fee, allowing the matter to proceed. (ECF
2. Thereafter, Petitioner submitted another IFP application, which the Court has yet to
consider. (ECF No. 9.)
3. On February 6, 2015, the Court denied the Petition, and declined to issue a certificate of
appealability. (ECF No. 24.) Petitioner sought to appeal the denial on May 15, 2015. (ECF No.
4. Because the availability oflFP status in this Court affects Petitioner's IFP status on appeal,
the Court will consider the previously-filed IFP application. Having reviewed the application, the
Court finds that Petitioner is not entitled to IFP status, because Petitioner's prison account
statement shows that he had over $200 in his prison account in the preceding six months prior to
the filing of the Petition. (See ECF No. 9-1 at 3.) This renders Petitioner ineligible for IFP status.
See L. Civ. R. 81.2(c) ("If the prison account of any petitioner or movant exceeds $200, the
petitioner or movant shall not be considered eligible to proceed in forma pauperis").
~,f-IT IS therefore on this L.:_ day of ---J~
ORDERED that Petitioner's ApplicatioU:-roceed IFP, ECF No. 9, is hereby DENIED;
it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order upon Petitioner by
Michael A. Shi~p, U.S.D.J.
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