JUMAH v. NAPOLITANO et al
Filing
2
OPINION. Signed by Judge Renee Marie Bumb on 4/25/2013. (bdk, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
_______________________________________
:
AMIN JUMAH,
:
:
Petitioner,
:
:
v.
:
:
JANET NAPOLITANO et al.,
:
:
Respondent.
:
_______________________________________:
Civil Action No. 13-2458 (RMB)
OPINION
This matter comes before this Court upon Petitioner’s submission of a pleading which
arrived unaccompanied by a filing fee or an in forma pauperis application. See Docket Entry
No. 1. The pleading stated Petitioner’s interest in commencing either a habeas matter, under 28
U.S.C. § 2241, or a civil matter pursuant to Bivens v. Six Unknown Federal Narcotics Agents,
403 U.S. 388 (1971). See id. The pleading asserts that Petitioner, while being a federal prisoner
confined at the FCI Fort Dix, Fort Dix, New Jersey: (a) had an immigration detainer lodged
against him shortly prior to the expiration of his prison term; (b) was not released from Fort Dix
into the custody of the immigration officials on the day when his term expired or within 48 hours
from that date; but, rather (c) was transferred into the immigration custody a few days later,
being held during those few days at the Fort Dix facility; and (d) upon being transferred into the
immigration custody, has been held without a bond hearing. See id. Petitioner is seeking either
an immediate release or a bond hearing. See id.
Petitioner is obligated to choose between raising either Bivens or habeas challenges in
this matter.
The Court of Appeals for the Third Circuit explained the distinction between the
availability of civil rights relief and the availability of habeas relief as follows:
[W]henever the challenge ultimately attacks the "core of habeas" - the validity of
the continued conviction or the fact or length of the sentence - a challenge,
however denominated and regardless of the relief sought, must be brought by way
of a habeas corpus petition. Conversely, when the challenge is to a condition of
confinement such that a finding in plaintiff's favor would not alter his sentence or
undo his conviction, an action under § 1983 is appropriate.
Leamer v. Fauver, 288 F.3d 532, 542 (3d Cir. 2002).
Therefore, a prisoner is entitled to a writ of habeas corpus if he “seek[s] to invalidate the
duration of [his] confinement - either directly through an injunction compelling speedier release
or indirectly through a judicial determination that necessarily implies the unlawfulness of the
[government's] custody.” See Wilkinson v. Dotson, 544 U.S. 74, 81 (2005). In contrast, if a
judgment in the prisoner’s favor would not affect the fact or duration of his incarceration, habeas
relief is unavailable and a civil complaint is the appropriate form of remedy.1 See, e.g., Ganim v.
Federal Bureau of Prisons, 235 F. App’x 882 (3rd Cir. 2007); Bronson v. Demming, 56 F. App’x
551, 553-54 (3rd Cir. 2002).
Moreover, while the filing fee for a habeas petition is $ 5.00, the filing fee applicable to a
civil rights complaint is $ 350.00. The Clerk cannot file a civil complaint unless the person
seeking relief prepays the entire $350.00 filing fee applies for and is granted in forma pauperis
status under 28 U.S.C. § 1915. See Local Civil R. 5.1(f). Analogously,
[a habeas] application is “properly filed” [only] when its delivery and acceptance
are in compliance with the applicable laws and rules governing filings.
1
Since Petitioner is seeking release or a bond hearing, it appears that he is interested in
raising habeas challenges.
2
Artuz v. Bennett, 531 U.S. 4, 8-9 (2000) (citations and footnote omitted).
Therefore, the Court will direct the Clerk to administratively terminate this matter,
subject to reopening upon Petitioner’s submission of: (a) a written statement clarifying the
jurisdictional nature of Petitioner’s challenges; and (b) the filing fee applicable to the action he
wishes to litigate (or his complete in forma pauperis application).
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE
Dated: April 25, 2013
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