RIVAS v. WILSON
Filing
2
MEMORANDUM & ORDER administratively terminating this case; directing the Clerk to supply to petitioner a blank form application to proceed in forma pauperis; if petitioner wishes to reopen this action, she shall so notify the Court within 30 days in writing; etc.. Signed by Judge Susan D. Wigenton on 2/6/2014. (nr, )
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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
GENNY RIVAS,
Petitioner,
v.
ERIC WILSON, WARDEN,
Respondent.
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: Crim. No. 11-427 (SDW)
: Civil No. 14-608(SDW)
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MEMORANDUM AND ORDER
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This matter having come before the Court on Petitioner’s
submission of a Petition for Writ of Habeas Corpus pursuant to
28 U.S.C. § 2241, and it appearing that:
1.
Petitioner is currently a federal inmate confined at
the FCI Petersburg in Petersburg, Virginia, at the time this
habeas petition was submitted on his behalf by counsel.
2.
Petitioner challenges the execution of his federal
sentence; namely, Petitioner seeks immediate access to “DAP” or
opportunity for early release pursuant to 18 U.S.C. § 3621(e).
3.
Petitioner neither prepaid the $5.00 filing fee for a
habeas petition as required by Local Civil Rule 54.3(a), nor
submitted a complete application to proceed in forma pauperis
(“IFP”) that contains a certification by an authorized official
at his place of confinement certifying Petitioner’s
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institutional account for the preceding six months, as required
under L.Civ.R. 81.2(b).
IT IS THEREFORE on this 6th day of February, 2014,
ORDERED that the Clerk of the Court shall administratively
terminate this case for Petitioner’s failure to either pay the
requisite filing fee of $5.00 or submit a complete application
to proceed in forma pauperis; and it is further
ORDERED that the Clerk of the Court shall supply to
Petitioner a blank form Application to Proceed In Forma Pauperis
in a Habeas Corpus Case (DNJ-PRO-SE-007-B.pdf), for use by a
prisoner; and it is further
ORDERED that, if Petitioner wishes to reopen this action,
she shall so notify the Court within 30 days of the date of
entry of this Order, in writing addressed to the Clerk of the
Court, Martin Luther King Building & U.S. Courthouse, 50 Walnut
Street, Room 4015, Newark, New Jersey 07101; Petitioner’s
writing shall include either: (1) a complete in forma pauperis
application, including a certification of Petitioner’s
institutional account, as required by Local Civil Rule 81.2(b);
or (2) the $5 filing fee; and it is finally
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ORDERED that the Clerk of the Court shall serve a copy of
this Order upon Petitioner’s counsel by regular U.S. mail, and
close this case accordingly.
_s/ Susan D. Wigenton______
SUSAN D. WIGENTON
United States District Judge
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