JOHNSON v. ZICKEFOOSE

Filing 33

ORDER dismissing case. Petitioner's challenges reserved in this matter are dismissed as moot or, in the alternative, as for lack of merit. Petitioner's other applications pending as of the date of the entry of this Order are dismissed, either as moot or for lack of merit, etc. Signed by Judge Renee Marie Bumb on 1/8/2014. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
________________________________
:
LARRY DALE JOHNSON,
:
: Civil Action No. 12-2544 (RMB)
Petitioner,
:
:
v.
:
ORDER
:
DONNA ZICKEFOOSE,
:
:
Respondent.
:
_______________________________________
:
For the reasons expressed in the Opinion filed herewith,
IT IS on this 8th day of January 2014,
ORDERED that the Clerk shall commence four new matters for
Petitioner; and it is further
ORDERED that the first such matter shall designate, as
“Cause,” “28:2241 Petition for Writ of Habeas Corpus (federal)”
and as “Nature of Suit” “530 Habeas Corpus (General),” while
preserving “LARRY DALE JOHNSON” as “Petitioner” and designating
“DEVENS OFFICIALS” as Respondents; and it is further
ORDERED that the second such matter shall designate, as
“Cause,” “28:2241 Petition for Writ of Habeas Corpus (federal)”
and as “Nature of Suit” “530 Habeas Corpus (General),” while
preserving “LARRY DALE JOHNSON” as “Petitioner” and designating
“BOP OFFICIALS WHO CONDUCTED SENTENCE CALCULATION” as
Respondents; and it is further
ORDERED that the third such matter shall designate, as
“Cause,” “28:2241 Petition for Writ of Habeas Corpus (federal)”

and as “Nature of Suit” “530 Habeas Corpus (General),” while
preserving “LARRY DALE JOHNSON” as “Petitioner” and designating
“FORT DIX OFFICIALS WHO IMPOSED DISCIPLINARY SANCTIONS” as
Respondents; and it is further
ORDERED that the fourth such matter shall designate, as
“Cause,” “28:2241 Petition for Writ of Habeas Corpus (federal)”
and as “Nature of Suit” “530 Habeas Corpus (General),” while
preserving “LARRY DALE JOHNSON” as “Petitioner” and designating
“BOP OFFICIALS WHO ALLEGEDLY DENIED RDAP ENROLLMENT” as
Respondents; and it is further
ORDERED that Petitioner is granted in forma pauperis status
for the purposes of the above-listed four new matters; and it is
further
ORDERED that the Clerk shall docket this Order and the
Opinion filed herewith in each of the above-listed four new
matters; and it is further
ORDERED that the Clerk shall docket the Petition (docketed
in this matter as Docket Entry No. 1) in the second and third of
the above-listed four new matters, accompanying each such docket
entry by the docket text reading, “Petitioner’s pleading”; and it
is further
ORDERED that the Clerk shall docket Petitioner’s submission
docketed in this matter as Docket Entry No. 25 in the first of
the above-listed four new matters, accompanying that docket entry
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by the docket text reading “Petitioner’s pleading”; and it is
further
ORDERED that the Clerk shall docket Petitioner’s submission
docketed in this matter as Docket Entry No. 31 in the fourth of
the above-listed four new matters, accompanying that docket entry
by the docket text reading “Petitioner’s pleading”; and it is
further
ORDERED that this matter is reserved for: (a) those
Petitioner’s challenges raised in his Petition that asserted the
Fort Dix officials’ failure to conduct his preliminary
evaluation; and (b) those Petitioner’s challenges, if such were
implied in his post-pleading submission docketed as Docket Entry
No. 30 that asserted a violation of his rights by the Fort Dix
officials who made a preliminary recommendation of Petitioner’s
placement in a half-way house for 150-to-180 days; and it is
further
ORDERED that Petitioner’s challenges reserved in this matter
are dismissed as moot or, in the alternative, as for lack of
merit; and it is further
ORDERED that all Petitioner’s other applications pending as
of the date of the entry of this Order are dismissed, either as
moot or for lack of merit; and it is further
ORDERED that the Clerk shall close the file on this matter
by making a new and separate entry on the docket reading, “CIVIL
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CASE CLOSED.

PETITIONER’S CLAIMS ARE MOOT AND/OR WITHOUT MERIT”;

and it is further
ORDERED that the Clerk shall terminate the second, third and
fourth of the four new matters commenced for Petitioner; and it
is further
ORDERED that the Clerk shall make a new and separate entry
on the docket of the second matter (of the four new matters
commenced for Petitioner).
CASE IS CLOSED.

Such new entry shall read, “CIVIL

THIS MATTER IS RESERVED FOR PETITIONER’S JAIL-

CREDIT CHALLENGES LATER PARAPHRASED AS ADJUSTMENT-OF-SENTENCE
CHALLENGES.

THESE CHALLENGES ARE DISMISSED FOR LACK OF MERIT”;

and it is further
ORDERED that the Clerk shall make a new and separate entry
on the docket of the third matter (of the four new matters
commenced for Petitioner).
CASE IS CLOSED.

Such new entry shall read, “CIVIL

THIS MATTER IS RESERVED FOR PETITIONER’S

CHALLENGES TO HIS DISCIPLINARY SANCTIONS.

THESE CHALLENGES ARE

DISMISSED FOR LACK OF MERIT”; and it is further
ORDERED that the Clerk shall make a new and separate entry
on the docket of the fourth matter (of the four new matters
commenced for Petitioner).

Such new entry shall read, “CIVIL

CASE IS ADMINISTRATIVELY TERMINATED SUBJECT TO REOPENING IN THE
EVENT PETITIONER SUBMITS AN APPROPRIATE AND TIMELY WRITTEN

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STATEMENT AS TO HIS ELIGIBILITY FOR AND DENIAL OF RDAP
ENROLLMENT”; and it is further
ORDERED that, in the event Petitioner: (a) had suffered a
qualifying pre-conviction drug/alcohol dependency; and (b) sought
a RDAP enrollment on the basis of that dependency but had his
application for enrollment denied; and (c) duly exhausted his
administrative remedies as to said denial, Petitioner shall file,
within thirty days from the date of entry of this Order, a
written statement clarifying Petitioner’s RDAP claims.

Such

written statement shall be filed in the fourth of the four new
matters opened for Petitioner, and be limited solely to his
facts, free of legal conclusions and expressions of displeasure,
as well as of any facts irrelevant to these three aspects; and it
is further
ORDERED that the Clerk shall designate “KRISTIN LYNN
VASSALLO, Esq. ([e-mail])” and “MICHAEL E.
CAMPION, Esq. ([e-mail])” of the Office of the
U.S. Attorney for the District of New Jersey as counsel for
Respondents designated in all four new matters commenced for
Petitioner; and it is further
ORDERED that, within thirty days from the date of entry of
this Order, Respondents in the first matter (of the four new
matters commenced for Petitioner) shall file with the Court their
position statement as to the transfer of that matter to the
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United States District Court for the District of Massachusetts
or, in the event Petitioner is transferred to a half-way house
during these thirty days, Respondents shall inform this Court of
the same in writing, within five days of the transfer; and it is
further
ORDERED that, within thirty days from the date of entry of
this Order, Petitioner shall file in the first matter (of the
four new matters commenced for Petitioner) his written statement:
(a) detailing his administrative exhaustion of the claims raised
against his Massachusetts officials; or (b) showing cause as to
why the exhaustion requirement shall be excused; and it is
further
ORDERED that the Clerk shall serve this Order and the
Opinion filed herewith upon Respondent by means of electronic
delivery; and it is finally
ORDERED that the Clerk shall serve this Order and the
Opinion filed herewith upon Petitioner by regular U.S. mail and
enclose in said mailing copies of the docket sheets of all four
new matters commenced for Petitioner.

s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Judge

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