Opinion
Civ. 21-12428 (NLH)
07-08-2021
TIMOTHY R. DEFOGGI, Petitioner, v. THOMAS GUBBIOTTI, Respondent.
Timothy R. Defoggi 56316-037 Fort Dix Federal Correctional Institution Inmate Mail/Parcels East: P.O. Box 2000 Fort Dix, N.J. 08640 Petitioner Pro se
Timothy R. Defoggi 56316-037 Fort Dix Federal Correctional Institution Inmate Mail/Parcels East: P.O. Box 2000 Fort Dix, N.J. 08640 Petitioner Pro se
MEMORANDUM OPINION &ORDER
NOEL L. HILLMAN, U.S.D.J.
WHEREAS, Petitioner Timothy Defoggi, a federal prisoner presently incarcerated at FCI Fort Dix, New Jersey, has submitted a petition for writ of mandamus asking the Court to order the Bureau of Prisons to recalculate his PATTERN score and correct deficiencies in the BOP administrative remedy process, see ECF No. 1; and
WHEREAS, Petitioner paid the $5.00 filing fee applicable to petitions for writ of habeas corpus on June 14, 2021, receipt number CAM012877; and
WHEREAS, the entire fee to commence any civil action, other than a petition for writ of habeas corpus, is $402. That fee includes a filing fee of $350 plus an administrative fee of $52, for a total of $402; and
WHEREAS, Petitioner's request for a writ of mandamus is not a petition for writ of habeas corpus. Therefore, the required filing fee is $402, not $5.00; and
WHEREAS, the Court administratively terminated the complaint as Petitioner had not paid the correct filing fee and did not submit an in forma pauperis application, ECF No. 3; and
WHEREAS, Petitioner wrote to the Court objecting to the termination and requesting additional time to submit the filing fee, ECF No. 6; and
WHEREAS, the Court will instruct the Clerk's Office to refund the $5.00 filing fee that was paid in error. The Court will reopen this matter upon receipt of an in forma pauperis application or the $402 filing and administrative fees, THEREFORE, IT IS on this 7th day of July, 2021
ORDERED that the Clerk shall refund Petitioner the $5.00 fee receipt number CAM012877; and it is further
ORDERED that the Clerk shall reopen this matter upon receipt of an in forma pauperis application or the $402 filing and administrative fees; and it is finally
ORDERED that the Clerk shall send Petitioner a copy of this Order by regular mail.