GANNONE v. D'ILIO et al

Filing 2

MEMORANDUM and ORDER that the Clerk shall administratively terminate this case and supply Petitioner with a blank form Application to Proceed In Forma Pauperis in a Habeas Corpus Case; that if Petitioner wishes to reopen this action he shall so notify the Court in writing within 30 days of the date of this Order. Signed by Judge Michael A. Shipp on 11/3/2014. (mmh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

FRANCIS R. GANNONE, JR.,
Petitioner,

Civil Action No.: 14-6026 (MAS)
MEMORANDUM AND ORDER

v.

STEPHEN D'ILIO, et al.,
Respondents.

This matter having come before the Court on Petitioner's submission of a Petition for
Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, and it appearing that:
1.

Petitioner is a convicted state prisoner challenging his New Jersey state court

conviction pursuant to 28 U.S.C. § 2254. He filed this habeas petition on September 26, 2014.
2. Petitioner neither prepaid the $5.00 filing fee for a habeas petition as required by
Local Civil Rule 54.3(a), nor submitted a complete application to proceed in forma pauperis
("IFP") that contains a certification by an authorized official at his place of confinement
certifying Petitioner's institutional account for the preceding six months, as required under
L.Civ.R. 8 l.2(b ).
IT IS THEREFORE on this

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day of ~2014,

ORDERED that the Clerk of the Court shall administratively terminate this case for
Petitioner's failure to either pay the requisite filing fee of $5.00 or submit a complete application
to proceed in forma pauper is; and it is further

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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 (DNJ-PRO-SE-007-B.pdf),
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 Building & U.S. Courthouse, 402 East State Street, Room 2020, 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 8 l .2(b); or (2) the $5 filing fee; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of this Order upon Petitioner by
regular U.S. mail, and close this case accordingly.

MICHAEL A. SH
United States District Judge

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