Opinion
Civil Action No. 11-4882 (CCC) Civil Action No. 11-7149 (CCC) Civil Action No. 12-1640 (CCC) Civil Action No. 12-4900 (CCC)
01-25-2013
HOZAY A. ROYAL, Plaintiff, v. RUTHERFORD POLICE et al., Defendants. HOZAY A. ROYAL, Plaintiff, v. EDWARD V. ROCHFORD et al., Defendants. HOZAY A. ROYAL, Plaintiff, v. ANTHONY ANNECCHIARICO, Defendant. HOZAY A. ROYAL, v. HADDON TOWNSHIP COURT, Respondent.
NOT FOR PUBLICATION
ORDER
APPLIES TO ALL ACTIONS
For the reasons expressed in the Opinion filed herewith,
IT IS on this 24th day of January, 2013 ORDERED that Royal's habeas challenges raised in Royal v. Haddon Twshp Ct., Civil Action No. 12-4900 (CCC), are dismissed; and it is further
ORDERED than no certificate of appealability will issue with regard to Royal v. Haddon Twshp Ct., Civil Action No. 12-4900 (CCC); and it is further
ORDERED that the Clerk shall close Royal v. Haddon Twshp Ct., Civil Action No. 12-4900 (CCC), by making a new and separate entry on the docket of that matter reading, "CIVIL CASE CLOSED"; and it is further
ORDERED that the Clerk shall reopen Royal v. Rutherford Police Dept., Civil Action No. 11-4862 (CCC), Royal v. Rochford, Civil Action No. 11-7149 (CCC) , and Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC), by making a new and separate entry on the dockets of each of these three matters, with each entry reading, "CIVIL CASE REOPENED"; and it is further
ORDERED that Royal's submissions docketed in Royal v. Rochford, Action No. 11-7149 (CCC) , as Docket Entries Nos. 21 and 22, also docketed in Royal v. Rutherford Police Dept.,Civil Action No. 11-4862 (CCC), as Docket Entry No. 24, and also docketed in Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC), as Docket Entries Nos. 6 and 7, are denied; and it is further
ORDERED that this Court's prior order, revoking Royal's in forma pauperis status for the purposes of Royal v. Rutherford Police Dept., Civil Action No. 11-4862 (CCC), and Royal v. Rochford, Civil Action No. 11-7149 (CCC), and denying Royal in forma Pauperis status for the purposes of Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC), shall remain in force; and in is further
ORDERED that this Court's final determination as to Royal's suitability to proceed in forma pauperis in Royal v. Rutherford Police Dept., Civil Action No. 11-4862 (CCC), Royal v. Rochford, Civil Action No. 11-7149 (CCC), and Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC), is reserved; and it is further
ORDERED that, within thirty days from receipt of Royal's affidavit, the Clerk shall order, from the federal archives in Kansas City, hard-copy files of all Royal's actions instituted in federal fora; and it is further
ORDERED that, in the event Royal elects to prepay his filing fee in Royal v. Rutherford Police Dept.,Civil Action No. 11-4862 (CCC), and/or Royal v. Rochford, Civil Action No. 11-7149 (CCC), and/or Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC), Royal may do so within thirty days from the dace of entry of this Order; and it is further
ORDERED that, in the event Royal prepays his filing fee with regard to Royal v. Rutherford Police Dent., Civil Action No. 11-4362 (CCC), and/or Royal v. Rochford. Civil Action No. 11-7149 (CCC), and/or Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC), Royal must submit, together with his filing fee, his re-amended pleading in each such action stating his challenges, clearly and concisely, in accordance with the requirements posed by Rules 8, 18 and 20, and asserting only the factual predicate relevant to the substantive tests detailed to Royal by this Court; and it is further
ORDERED that, except for his re-amended pleadings submitted together with his filing fee, Royal shall not make any further submissions in Royal v. Rutherford Police Dent., civil Action No. 11-4862 (CCC), and/or Royal v. Rochford, Civil Action No. 11-7149 (CCC), and/or Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC), until and unless this Court grants Royal in forma pauperis status and Royal's challenges proceed past the sua sponte dismissal stage, or until and unless Royal is expressly directed by this Court to make additional submissions in these matters; and it is further
ORDERED that the Clerk shall administratively termnate Royal v. Rutherford Police Dent., Civil Action No. 11-4862 (CCC), and/or Royal v. Rochtord, Civil Action No. 11-7149 (CCC), and/or Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC), by making by making a new and separate entry on the dockets of each of these three matters, with each entry reading, "CIVIL CASE TERMINATED"; and it is further
ORDERED that administrative termination is not a dismissal on merits, and this Court does not withdraw its jurisdiction over Royal v. Rutherford Police Dept., Civil Action No. 11-4862 (CCC), and/or Royal v. Rochford, Civil Action No. 11-7149 (CCC), and/or Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC). The Court will direct the Clerk to reopen Royal v. Rutherford Police Dept., Civil Action No. 11-4862 (CCC), and/or Royal v. Rochford, Civil Action No. 11-7149 (CCC), and/or Royal v. Annecchiarico, Civil Action No. 12-1640 (CCC): (a) if Royal prepays his filing fee with regard to any of these actions and accompanies his submission by a re-amended pleading executed in accordance with the terms of this Order; or (b) the Clerk receives hard-copies of the archived files of Royal's prior proceedings commenced in federal fora and reaches a determination as to Royal's suitability to proceed in non-emergent civil matters in forma pauperis; and it is finally
ORDERED that the Clerk shall serve this Order and Opinion filed herewith upon Royal by regular U.S. mail, enclosing in said mailing three clank complaint forms which Royal may, if he so desires, utilize for the purposes of filing his amended pleadings in Royal v. Rutherford Police Dept., Civil Action No. 11-4862 (CCC), and/or Royal v. Rochford, Civil Action No. 11-7149 (CCC), and/or Royal v, Annecohiarico, Civil Action No. 12—1640 (CCC), in the event Royal elects to prepay his filing fee in the matter(s).
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Claire C. Cecchi
United States District Judge