DAVIS v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY et al, No. 3:2018cv04260 - Document 2 (D.N.J. 2018)
Court Description: MEMORANDUM OPINION filed. Signed by Judge Freda L. Wolfson on 4/6/2018. (mmh)
Download PDF
<![CDATA[
DAVIS v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY et al Doc. 2 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _________________________________________ JULIUS DAVIS, : : Petitioner, : Civ. No. 18-4260 (FLW) : v. : : GEORGE ROBINSON et al., : MEMORANDUM OPINION : Respondents. : _________________________________________ : FREDA L. WOLFSON, U.S.D.J. Petitioner, Julius Davis (“Petitioner”), a state prisoner, filed pro se with the Court a Petition for writ of habeas corpus, under 28 U.S.C. § 2254. (ECF No. 1.) A habeas petition must include either a $5.00 filing fee or an application to proceed in forma pauperis. 28 U.S.C. §§ 1914(a), 1915(a); Rules Governing § 2254 Cases, Rule 3, 28 U.S.C.A. foll. § 2254. Petitioner’s filing did not include either the $5.00 fee or a proper application to proceed in forma pauperis. 1 Therefore, the application will be denied without prejudice. Accordingly, the Clerk of the Court will be ordered to administratively close the proceeding. Petitioner may reopen this proceeding, however, by either paying the filing fee or submitting a complete in forma pauperis application. DATED: April 6, 2018 /s/ Freda L. Wolfson FREDA L. WOLFSON United States District Judge 1 A prisoner who seeks to proceed in forma pauperis in a habeas proceeding must submit (1) a completed affidavit of poverty showing that the prisoner is unable to pay the applicable filing fee and (2) a certification signed by an authorized officer of the institution certifying the amount presently on deposit in the prisoner’s prison account and the greatest amount on deposit in the prison account during the six-month period immediately preceding the filing of the petition. See L. Civ. R. 81.2(b). Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
