Tormasi v. Attorney Gen.

Full title: WALTER A. TORMASI, Petitioner, v. ATTORNEY GENERAL OF THE STATE OF NEW…

Court: United States District Court, D. New Jersey

Date published: Apr 6, 2023

Civ. 18-16340 (GC) (D.N.J. Apr. 6, 2023)

Opinion

Civ. 18-16340 (GC)

04-06-2023

WALTER A. TORMASI, Petitioner, v. ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, Respondent.

GEORGETTE CASTNER UNITED STATES DISTRICT JUDGE

NOT FOR PUBLICATION

MEMORANDUM & ORDER

GEORGETTE CASTNER UNITED STATES DISTRICT JUDGE

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On February 28, 2023, this Court denied the habeas petition but granted a certificate of appealability in the event Petitioner chose to appeal. (See ECF 19 & 20). Petitioner then filed a notice of appeal and a motion for leave to appeal in forma pauperis. (See ECF 21 & 23). Therefore, the Clerk will be ordered to reopen this case so that the Court can rule on Petitioner's motion for leave to appeal in forma pauperis. Petitioner's motion for leave to appeal in forma pauperis will be granted based on the information provided therein.¹

1 This Court notes that it previously denied Petitioner's request to proceed in forma pauepris in this Court. (See ECF 19 at 33-34). Petitioner's inmate trust account indicated that he had over $200.00. Thus, pursuant to this Court's Local Civil Rule 81.2, Petitioner was not entitled to in forma pauperis status in this Court given the filing fee in this Court is only $5.00. Nevertheless, the Third Circuit's Local Rules do not appear to have such a threshold. Further, given that Petitioner has only approximately $460.00 in his prisoner account, and would presumably owe the $505.00 filing fee on his notice of appeal, this Court finds Petitioner's motion to proceed in forma pauperis on appeal can and should be granted.

Accordingly, IT IS this 6^th day of April, 2023,

ORDERED that the Clerk shall reopen this case so that the Court can rule on Petitioner's motion for leave to appeal in forma pauperis (see ECF 23); and it is further

ORDERED that Petitioner's motion for leave to appeal in forma pauperis (ECF 23) is granted; and it is further

ORDERED that the Clerk shall serve this Memorandum & Order on Petitioner by regular U.S. mail; and it is further

ORDERED that the Clerk of this Court shall notify the Clerk of the United States Court of Appeals for the Third Circuit of this Memorandum and Order; and it is further

ORDERED that the Clerk shall reclose this case.