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Johnston v. Warden

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


September 21, 2010

HIRAM JOHNSTON, PETITIONER,
v.
WARDEN, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Freda L. Wolfson United States District Judge

ORDER

This matter having come before the Court on Petitioner's submission of a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, and it appearing that:

1. Petitioner is currently confined at the Mercer County Correctional Center, Trenton, New Jersey;

2. Petitioner did not prepay the $5.00 filing fee for a habeas petition as required by Local Civil Rule 54.3(a); nor did he submit a complete application to proceed in forma pauperis.

IT IS THEREFORE on this 21st day of September, 2010, ORDERED that the Clerk of the Court shall supply Petitioner with a blank form in forma pauperis application for use in a habeas case; and it is further

ORDERED that, within 30 days of the date of entry of this Order, Petitioner shall either remit the $5.00 filing fee or submit a completed and signed in forma pauperis application, with a certification of Petitioner's institutional account as required by Local Civil Rule 81.2(b); and it is finally

ORDERED that, if Petitioner does not pay the filing fee or submit a certified in forma pauperis application within the above 30-day period, the petition will be deemed withdrawn and the Clerk shall close the file in this matter.

20100921

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