WILLIAMS v. D'ILIO, et al

Filing 4

MEMORANDUM AND ORDER Administratively terminating this case; Ordering that if Petitioner wishes to reopen this action, he shall so notify the Court, in writing within 30 days of the date of entry of this Order; Petitioner's writing shall includ e 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 filing fee. Signed by Judge Anne E. Thompson on 5/18/2015. (eaj)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

RECEIVED
MAY 18 2015
AT 8:30
WILLIAM T. WALSH
CLERK

KARL D. WILLIAMS,
Petitioner,

v.

Civil Action No.: 15-1720 (AET)
MEMORANDUM AND ORDER

ROBERT BUECHELE, et al.,
Respondents.

This matter has come before the Court on Petitioner's letter request to reopen the instant
· .matter. (Docket Entry 3).
1. Petitioner filed this habeas petition on February 20, 2015, and 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").
2. By Order dated March 20, 2015, this Court administratively terminated the petition for
failure to pay the filing fee or submit a complete IFP application. (Docket Entry 2). The Court
ordered the Clerk to send Petitioner a blank IFP application.
3. On May 11, 2015, the Court received a letter from Petitioner requesting to reopen his
petition and stating he did not know why the Court had terminated his petition. (Docket Entry 3 ).
4. The IFP application included with Petitioner's initial submission was an application for
proceeding in a civil rights matter, not a habeas matter. (Docket Entry 1). As the proceedings have
different standards for proceeding IFP, Petitioner must submit the IFP application for a habeas
proceeding or pay the $5.00 filing fee.

M

ORDERED that the Clerk of the Court

all 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 pauperis; 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, DNJ-PRO-SE-007-B-(Rev. 09/09); and
it is further
ORDERED that, if Petitioner wishes to reopen this action, he shall so notify the Court
wHhin 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 81.2(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 and form DNJPRO-SE-007-B-(Rev. 09/09) upon Petitioner by regular U.S. mail.

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