MUNIZ v. POWELL et al

Filing 5

MEMORANDUM and ORDER that the Clerk shall reopen this matter by making a separate entry on the docket to indicate that the matter has been reopened; Denying Plaintiffs application to proceed in forma pauperis; Administratively terminating this case ; Ordering that if Plaintiff wishes to reopen this case, he must Notify the Court in writing, within 30 days of entry of this Order; Petitioner's writing shall include either: (1) a complete in forma pauperis application, including a certification of Petitioner's institutional account, as required by Local Civil Rule 81.2(b); or (2) the $5.00 filing fee. Signed by Judge Michael A. Shipp on 4/23/2013. (eaj)

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

MERVIN MUNIZ,

Civil No. 13-178 (MAS)

Petitioner,

v.
MEMORANDUM AND ORDER

JOHN POWELL, et aI.,
Respondents.

This matter has come before the Court on Petitioner's submission of a Petition for Writ of
Habeas Corpus, filed pursuant to 28 U.S.c. § 2254. It appears that:
1. This Petition was previously tenninated because Petitioner did not pay the filing fee or
submit a completed application to proceed informa pauperis. [Docket Entry 3.]
2. Petitioner has now submitted an application to proceed in forma pauperis. [Docket Entry
4.]
3. Petitioner's newly filed papers consist of the following: (1) an application to proceed in

forma pauperis to be used by a prisoner in the filing of a civil complaint, undated by
Petitioner but signed by an official at Bayside State Prison on January 8, 2013; (2) an
Affidavit of Poverty and Certification (Habeas Corpus), dated March 20,2013 by
Petitioner but unsigned by a prison official; (3) one page of a Bayside State Prison
Trust Account Statement (marked "Page 1 of 5") which does not provide the requisite
account infonnation; and (4) an Inmate Remedy System Fonn by which he requested
account infonnation, dated December 7, 2012.

1

4. The newly filed application does not comply with the requirement that the Petitioner
must provide certified account information to provide (I) the amount presently on
deposit and (2) the greatest amount on deposit during the preceding six month period.

See Local Civil Rule 81.2(b).
5. Petitioner's renewed application to proceed in forma pauperis will be denied, without
prejudice to Petitioner curing the defects to the application within thirty days.

".)

IT IS THEREFORE on this

J"3r

~

day of

(ltf!!A)

,2013,

ORDERED that the Clerk shall reopen this matter by making a separate entry on the
docket to indicate that the matter has been reopened; and it is further
ORDERED that Plaintiffs application to proceed in forma pauperis is hereby DENIED,
without prejudice; and it is further
ORDERED that Petitioner's petition for a writ of habeas corpus shall be administratively
terminated; and it is further
ORDERED that the Clerk of the Court shall supply to Petitioner a blank form
Application to Proceed In Forma Pauperis in a Habeas Corpus Case, for use by a prisoner; and it
is further
ORDERED that, if Petitioner wishes to reopen this action, he shall so notify the Court
within 30 days of the date of entry of this Order, in writing addressed to the Clerk of the Court,
Clarkson S. Fisher U.S. Courthouse and Federal Bldg., 402 East State Street, Trenton, New
Jersey 08608; Petitioner's writing shall include either: (1) a complete in forma pauperis
application, including a certification of Petitioner's institutional account, as required by Local
Civil Rule 81.2(b); or (2) the $5.00 filing fee; and it is further

2

ORDERED that the Clerk of the Court shall serve a copy of this Order upon Petitioner by
regular U.S. mail; and it is finally
ORDERED that the Clerk of the Court shall close the file in this matter.

UNITED STATES DISTRICT JUDGE

3