SCHMIDT v. ZICKEFOOSE
Filing
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MEMORANDUM and OPINION. Signed by Judge Robert B. Kugler on 9/7/2011. (nz, )n.m.
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
RICHARD ARTHUR SCHMIDT,
Petitioner,
v.
DONNA ZICKEFOOSE,
Respondents.
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Civil Action No. 11-5057 (RBK)
MEMORANDUM OPINION
APPEARANCES:
Petitioner pro se
Richard Arthur Schmidt
F.C.I. Fort Dix
P.O. Box 2000
Fort Dix, NJ 08640
KUGLER, District Judge
Petitioner Richard Arthur Schmidt, a prisoner confined at
the Federal Correctional Institution at Fort Dix, New Jersey, has
filed a Petition for writ of habeas corpus, pursuant to 28 U.S.C.
§ 2241, challenging, inter alia, the jurisdiction of the court
that convicted him.
The filing fee for a petition for writ of habeas corpus is
$5.00.
Pursuant to Local Civil Rule 54.3(a), the filing fee is
required to be paid at the time the petition is presented for
filing.
Pursuant to Local Civil Rule 81.2(b), whenever a
prisoner submits a petition for writ of habeas and seeks to
proceed in forma pauperis, that petitioner must submit (a) an
affidavit setting forth information which establishes that the
petitioner is unable to pay the fees and costs of the
proceedings, and (b) a certification signed by an authorized
officer of the institution certifying (1) the amount presently on
deposit in the prisoner’s prison account and, (2) the greatest
amount on deposit in the prisoners institutional account during
the six-month period prior to the date of the certification.
If
the institutional account of the petitioner exceeds $200, the
petitioner shall not be considered eligible to proceed in forma
pauperis.
Local Civil Rule 81.2(c).
Petitioner did not prepay the $5.00 filing fee for a habeas
petition as required by Local Civil Rule 54.3(a), nor did
Petitioner submit an application for leave to proceed in forma
pauperis.
CONCLUSION
For the reasons set forth above, the Clerk of the Court will
be ordered to administratively terminate the Petition without
prejudice.
Petitioner will be granted leave to move to re-open
within 30 days, by either prepaying the filing fee or submitting
a complete application for leave to proceed in forma pauperis.
An appropriate Order will be entered.
s/Robert B. Kugler
Robert B. Kugler
United States District Judge
Dated: September 7, 2011
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