Opinion
Civil Action 19-14031 (NLH/AMD)
08-28-2019
In re PETER DIPIETRO, Plaintiff.
APPEARANCES: PETER DIPIETRO 4321 ATLANTIC BRIGANTINE BLVD. BRIGANTINE, NJ 08203 Appearing pro se
MEMORANDUM OPINION & ORDER
APPEARANCES: PETER DIPIETRO
4321 ATLANTIC BRIGANTINE BLVD.
BRIGANTINE, NJ 08203
Appearing pro se HILLMAN , District Judge
WHEREAS, Plaintiff, Peter DiPietro, who is appearing pro se, submitted a document for filing styled "On Petition for a Writ of Prohibition of all actions by the corporate STATE OF NEW JERSEY, all its agencies, corporation, municipalities, and franchises"; and
WHEREAS, Plaintiff has submitted a filing fee of $47.00, presumably in an attempt to file his "Writ of Prohibition" as a "miscellaneous paper (any document not related to a pending case or proceeding)" under Appendix K, Schedule of Fees, in the Local Rules; but
WHEREAS, the Court finds that Plaintiff's filing does not qualify as a miscellaneous paper, but instead constitutes a "civil action or proceeding other than an application for writ of habeas corpus" under Appendix K, which requires a $400 filing fee, or in lieu of that, a properly supported application to proceed without prepayment of fees ("in forma pauperis application" or "IFP");
THEREFORE,
IT IS on this 28th day of August, 2019
ORDERED that Clerk of the Court shall issue Plaintiff a refund of the $47.00 fee; and it is further
ORDERED that within 20 days, Plaintiff shall either pay the appropriate $400 filing fee or submit the proper IFP application to proceed without prepayment of fees; and it is further
The proper IFP application can be obtained from the Clerk's office or on the Court's website: https://www.njd.uscourts.gov/forms/application-proceed-forma-pauperis-non-prisoner-ao-239 --------
ORDERED that if Plaintiff submits the $400 filing fee or IFP application, the Court will screen Plaintiff's filing to determine whether it falls within the scope of this Court's January 3, 2013 Order in Civil Action 1:12-2338, DiPietro v. Morisky, et al., Docket No. 28, where this Court Ordered that Plaintiff was enjoined from filing any claims in this District relating to his 2000 New Jersey state court divorce and child custody case without prior permission of the Court ("Preclusion Order"); and it is further
ORDERED that if Plaintiff fails to submit the appropriate filing fee or IFP application within 20 days, the Clerk shall mark this matter as CLOSED.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey