Savage v. Hollingsworth

Full title: DARYL SAVAGE, Petitioner, v. WARDEN J. HOLLINGSWORTH, Respondent.

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Apr 10, 2015

Civ. No. 15-0436 (RBK) (D.N.J. Apr. 10, 2015)

Opinion

Civ. No. 15-0436 (RBK)

04-10-2015

DARYL SAVAGE, Petitioner, v. WARDEN J. HOLLINGSWORTH, Respondent.

ROBERT B. KUGLER United States District Judge

MEMORANDUM AND ORDER

THIS MATTER having come before the Court on an application by petitioner for leave to proceed in forma pauperis on appeal, (Dkt. No. 7.) and it appearing that:

1. On February 23, 2015, this Court entered an Opinion and Order dismissing petitioner's application for a writ of habeas corpus under 28 U.S.C. § 2241. (See Dkt. Nos. 4-5.)

2. On March 20, 2015, petitioner filed a notice of appeal (Dkt. No. 6) and an application for leave to proceed in forma pauperis on appeal. (Dkt. No. 7.)

3. Rule 24 of the Federal Rules of Appellate Procedure provides that "a party to a district-court action who desires to appeal in forma pauperis must file a motion in the district court," and "must attach an affidavit" that:

(A) shows in the detail prescribed by Form 4 of the Appendix of Forms the party's inability to pay or give security for fees and costs;
(B) claims an entitlement to redress; and
(C) states the issues that the party intends to present on appeal.

FED. R. APP. P. 24(a)(1).

4. Petitioner's application to proceed in forma pauperis fails to conform to the requirements of Fed.R.App.P. 24(a)(1).

5. Among other things, Form 4 of the Appendix of Forms requires petitioner to state his issues on appeal. See FED. R. APP. P. Appendix of Forms. Petitioner failed to state the issues that he wishes to present on appeal in his affidavit. See FED. R. APP. P. 24(a)(1)(C). Further, Form 4 also requires that a prisoner attach a six month account statement certified by the appropriate institutional officer of the institution at which Petitioner is incarcerated. See FED. R. APP. P. Appendix of Forms. While petitioner has attached his prisoner account statement, the prisoner account statement has not been certified by the appropriate prison official. See 3d Cir. L. App. R. 24.1.

Therefore, for the foregoing reasons, IT IS this 10^th day of April, 2015,

ORDERED that the Clerk of the Court shall re-open the file in this matter to consider petitioner's application to proceed in forma pauperis on appeal; and it is further

ORDERED that petitioner's application for leave to appeal in forma pauperis (Dkt. No. 7.) is denied without prejudice for failure to conform to the requirements set forth in Rule 24 of the Federal Rules of Appellate Procedure and the local appellate rules; and it is further

ORDERED that the Clerk of the Court shall re-close the file in this matter.

s/Robert B. Kugler

ROBERT B. KUGLER

United States District Judge