JOHNSON v. ZICKEFOOSE et al

Filing 7

ORDERED that the Clerk REOPEN this matter; IFP is GRANTED; Petition is DISMISSED W/OUT PREJUDICE, etc. The Motion for Class Certification is DENIED AS MOOT. The Clerk shall CLOSE this matter. Opinion/Order sent to Petitioner. Signed by Judge Renee Marie Bumb on 12/21/2012. (drw)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY LARRY DALE JOHNSON, Petitioner, v. DONNA ZICKEFOOSE, et al., Respondents. : : : : : : : : : : : Civil No. 11-6754 (RMB) ORDER FOR THE REASONS expressed in the Opinion filed herewith, IT IS on this 21st day of December 2012, ORDERED that the Clerk of the Court is directed to re-open this matter; and it is further ORDERED that Petitioner’s application to proceed in forma pauperis is GRANTED, and the Clerk shall file the Petition without prepayment of fees; and it is further ORDERED that the petition for a writ of habeas corpus under 28 U.S.C. § 2241, as asserted by Petitioner, is DISMISSED for lack of jurisdiction, without prejudice to any right Petitioner may have to assert his claims in a properly filed civil complaint; and it is further ORDERED that the motion for class certification (Docket entry no. 5) is DENIED as moot; and it is further ORDERED that the Clerk shall serve a copy of this Order and accompanying Opinion upon the Petitioner by regular mail; and it is finally ORDERED that the Clerk is directed to re-close the file in this matter accordingly. s/Renée Marie Bumb RENÉE MARIE BUMB United States District Judge 2

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