Opinion
Civ. No. 16-5017 (RBK)
08-24-2016
KENNETH WAYNE LEWIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
MEMORANDUM AND ORDER
Petitioner is a federal prisoner currently incarcerated at F.C.I. Fort Dix in Fort Dix, New Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has not paid the filing fee. Furthermore, petitioner's application to proceed in forma pauperis is incomplete. Local Civil Rule 81.2(b) states that:
Whenever a Federal . . . prisoner submits a . . . petition for a writ of habeas corpus, the prisoner shall also submit an affidavit setting forth information which establishes that the prisoner is unable to pay the fees and costs of the proceedings and shall further submit a certification signed by an authorized officer of the institution certifying (1) the amount presently on deposit in the prisoner's prison account and, (2) the greatest amount on deposit in the prisoner's prison account during the six-month period prior to the date of certification.L.Civ.R. 81.2(b). Petitioner's application to proceed in forma pauperis did not include the required certification from an authorized officer of his prison facility. Therefore, his application to proceed in forma pauperis will be denied without prejudice and this matter will be administratively terminated. Petitioner shall have the chance to reopen this action if he either pays the $5.00 filing fee or files a complete application to proceed in forma pauperis on the form supplied by the Clerk that accompanies this Order within thirty (30) days.
Petitioner is also advised and strongly encouraged to also submit his habeas petition on the blank form that accompanies this Order. This will allow this Court to have a clearer understanding of the habeas claims petitioner is attempting to raise.
Therefore, IT IS this 24th day of August, 2016,
ORDERED that petitioner's application to proceed in forma pauperis is denied without prejudice; and it is further
ORDERED that the Clerk shall administratively terminate this case for petitioner's failure to pay the requisite filing fee of $5.00 or submit a complete application to proceed in forma pauperis on the form supplied by the Clerk, and it is further
ORDERED that if petitioner wishes to reopen this action, he shall notify the Court within thirty (30) days of the date of entry of this order, in writing; petitioner's writing shall include either a complete and signed in forma pauperis application or the $5.00 filing fee; and it is further
ORDERED that the Clerk shall serve on petitioner by regular U.S. mail: (1) a copy of this Order; (2) a blank form application to proceed in forma pauperis by a prisoner in a habeas corpus case; and (3) a blank form petition for writ of habeas corpus under 28 U.S.C. § 2241.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge