HAMILTON v. NOGAN et al

Filing 2

MEMORANDUM AND ORDER: ORDERED that the Clerk of the Court shall administratively terminate this matter. ORDERED that the Clerk of the Court shall forward Petitioner a blank AO 241 (modified): DNJ-Habeas-008(Rev. 01- 2014) form. ORDERED that if Petitioner wishes to reopen this matter, he shall so notify the Court within 30 days of the date of entry of this Memorandum and Order. Signed by Judge Renee Marie Bumb on 3/19/2014. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ABDUS SAMAD HAMILTON,
Petitioner,
v.
PETER A. NOGAN, et al.,
Respondents.

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Civ. Action No. 14-1581 (RMB)

MEMORANDUM AND ORDER

Pro se Petitioner Abdus Samad Hamilton (“Petitioner”), a
prisoner confined at the East Jersey State Prison, Rahway, New
Jersey, submitted for filing an application executed pursuant to
28 U.S.C. § 2254.

Local Civil Rule 81.2 provides:

Unless prepared by counsel, petitions to
this Court for a writ of habeas corpus . . .
shall be in writing (legibly handwritten in
ink or typewritten), signed by the
petitioner or movant, on forms supplied by
the Clerk.
L. Civ. R. 81.2(a).
Petitioner did not use the habeas form applicable to
Section 2254 petitions, i.e., AO 241 (modified): DNJ-Habeas008(Rev. 01-2014).
THEREFORE, it is on this 19th day of March 2014,
ORDERED that the Clerk of the Court shall administratively
terminate this matter, without filing Petitioner’s submission,

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and Petitioner is informed that administrative termination is
not a “dismissal” for purposes of the statute of limitations,
and if this matter is reopened in accordance with the terms of
this Memorandum and Order, his application executed on the
appropriate form would be deemed timely if Petitioner’s original
submission in this matter was filed timely, see Papotto v.
Hartford Life & Acc. Ins. Co., 731 F.3d 265, 275 (2013)
(distinguishing administrative terminations from dismissals);
Jenkins v. Superintendent of Laurel Highlands, 705 F.3d 80, 84
n.2 (2013) (describing prisoner’s mailbox rule generally);
Dasilva v. Sheriff's Dep’t., 413 F. App’x 498, 502 (3rd Cir.
2011) (per curiam) (“[The] statute of limitations is met when a
petition is submitted to the clerk before the statute runs”);
and it is further
ORDERED that the Clerk of the Court shall forward
Petitioner a blank AO 241 (modified): DNJ-Habeas-008(Rev. 012014) form; and it is further
ORDERED that the Clerk’s service of the blank habeas
petition form shall not be construed as this Court’s finding
that the original submission is or is not timely, or that
Petitioner’s claims are or are not duly exhausted; and it is
further
ORDERED that if Petitioner wishes to reopen this matter, he
shall so notify the Court, in a writing addressed to the Clerk
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of the Court, within 30 days of the date of entry of this
Memorandum and Order.

Petitioner’s writing shall include a

complete, signed habeas petition on the appropriate form served
to him by the Clerk; and it is further
ORDERED that upon receipt of a writing from Petitioner
stating that he wishes to reopen this matter, and a complete,
signed appropriate petition form, the Clerk will be directed to
reopen this matter; and it is finally
ORDERED that the Clerk shall serve this Memorandum and
Order upon Petitioner by regular U.S. mail.

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

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