Opinion
Civ. No. 16-2351 (RBK)
04-28-2016
JOHN WESLEY POTEAT, Petitioner, v. ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, et al., Respondents.
MEMORANDUM AND ORDER
Petitioner is a state prisoner currently incarcerated at the New Jersey State Prison in Trenton, New Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition did not include an application to proceed in forma pauperis nor did it include a prepaid $5.00 filing fee. Thus, this case will be administratively closed. Petitioner shall be given an opportunity to reopen this action should he so choose.
Accordingly, IT IS this 28th day of April, 2016,
ORDERED that the Clerk 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 pauperis; 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: (1) a complete in forma pauperis application, including a certified statement of petitioner's institutional account as required by Local Civil Rule 81.2(b); or (2) the $5.00 filing fee; and it is further
ORDERED that the Clerk shall serve a copy of this Order and a blank form application to proceed in forma pauperis by a prisoner in a habeas corpus case on petitioner by regular U.S. mail.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge