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Burton v. Cappozza

United States District Court, W.D. Pennsylvania

February 5, 2014

FRANK BURTON, JR., Petitioner,
v.
MARK V. CAPPOZZA, et al., Respondents.

ORDER

LISA PUPO LENIHAN, Chief Magistrate Judge.

Petitioner has submitted for filing a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. However, the petition was received without a filing fee or the forms required to proceed in forma pauperis. This action may not proceed unless Petitioner either,

(1) tenders to the "Clerk, U.S. District Court" a statutory filing fee in the amount of $5.00, or,
(2) files a properly completed application to proceed in forma pauperis, along with an authorization form and a certified copy of his prison account statement for the six (6) months preceding the filing of the petition.

Therefore,

IT IS HEREBY ORDERED this 5th day of February, 2014, that the Clerk of Court is to mark this case CLOSED.

IT IS FURTHER ORDERED that Petitioner may reopen the case by paying the $5.00 filing fee or submitting an authorization form and a certified copy of his prison account statement for the six (6) months preceding the filing of the petition.

AND IT IS FURTHER ORDERED that the parties are allowed fourteen (14) days from this date to appeal this order to a District Judge pursuant to Rule 72.C.2 of the Local Rules. Failure to appeal within fourteen ...


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