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Quintana v. Administrator

United States District Court, D. New Jersey

July 24, 2015

JOSE QUINTANA, Petitioner,
v.
ADMINISTRATOR, et al., Respondents.

MEMORANDUM AND ORDER

KEVIN McNULTY, District Judge.

Petitioner, Jose Quintana, is a state prisoner currently incarcerated at the New Jersey State Prison in Trenton, New Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. Previously, on February 25, 2014, this matter was administratively terminated as Mr. Quintana had neither paid the $5.00 filing fee nor submitted a complete application to proceed in forma pauperis. ( See Dkt. No. 3.) Almost one year later, on January 26, 2015, this Court received Mr. Quintana's notice of appeal and motion to deem his appeal timely. ( See Dkt. Nos. 4 & 5.) On February 6, 2015, I denied Mr. Quintana's motion to deem his appeal to have been filed on time. ( See Dkt. Nos. 6 & 7.) I instructed Mr. Quintana that if he wanted to proceed with his habeas petition, he had to either pay the $5.00 filing fee or submit a complete application to proceed in forma pauperis. The Clerk was ordered to send Mr. Quintana a blank copy of an application to proceed in forma pauperis by a prisoner in a habeas corpus case.

In April, 2015, Mr. Quintana submitted a letter indicating that he never received a copy of the blank application form to proceed in forma pauperis. ( See Dkt. No. 9-1 at p. 6.) Therefore, on May 14, 2015, the Clerk was ordered to send Mr. Quintana another blank application form to proceed in forma pauperis. ( See Dkt. No. 11.)

On June 29, 2015, this Court received Mr. Quintana's application to proceed in forma pauperis. Therefore, the Clerk will be ordered to reopen this case. Mr. Quintana's application to proceed in forma pauperis will be granted based on the information provided therein. This Court will provide Mr. Quintana with the required notice pursuant to Mason v. Myers, 208 F.3d 414 (3d Cir. 2000) in a separate Order.

Accordingly, IT IS this 24th day of July, 2015,

ORDERED that the Clerk shall reopen this case; and it is further

ORDERED that petitioner's application to proceed in forma pauperis (Dkt. No. 13) is granted; and it is further

ORDERED that the Clerk shall serve this Order on petitioner by regular U.S. mail.


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