Opinion
Civ. No. 20-6978 (NLH)
06-09-2020
EDGAR SANCHEZ, Petitioner, v. D.K. WHITE, Respondent.
APPEARANCES: Edgar Sanchez 11708-265 Fairton Federal Correctional Institution P.O. Box 420 Fairton, NJ 08320 Petitioner pro se
MEMORANDUM OPINION & ORDER
APPEARANCES: Edgar Sanchez
11708-265
Fairton
Federal Correctional Institution
P.O. Box 420
Fairton, NJ 08320
Petitioner pro se
HILLMAN, District Judge
WHEREAS, this matter having been opened to the Court by Petitioner Edgar Sanchez's filing of a motion for leave to proceed in forma pauperis in his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, ECF No. 1-3; and
WHEREAS, a petitioner whose prison account exceeds $200.00 is ineligible to proceed in forma pauperis pursuant to Rule 81.2(c) of the Local Civil Rules; and
WHEREAS, Petitioner has $3,158.02 in his prison account, ECF No. 1-3 at 1, and
WHEREAS, the Clerk of the Court will be ordered to administratively terminate this action pending receipt of the filing fee,
Such an administrative termination is not a "dismissal" for purposes of the statute of limitations or a decision on the merits. --------
IT IS on this 9th day of June 2020,
ORDERED that Petitioner's in forma pauperis application, ECF No. 1-3, is DENIED; and it is further
ORDERED that the Clerk of the Court shall administratively terminate this case pending receipt of the $5.00 filing fee; and it is further
ORDERED that the Clerk of Court shall REOPEN this matter after receiving the filing fee from Petitioner; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of this Order on Petitioner by regular mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey