HERNANDEZ v. NEW JERSEY DEPARTMENT OF CORRECTIONS et al
OPINION. Signed by Judge Noel L. Hillman on 9/30/2015. (bdk, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
NEW JERSEY DEPARTMENT
OF CORRECTIONS, et al.,
Civ. No. 14-3189 (NLH)
Marcos Hernandez, # 185221C/599941
4 Industrial Blvd.
Bridgeton, NJ 08302
Plaintiff Pro se
HILLMAN, District Judge
Petitioner Marcos Hernandez, a former inmate who at the
time of filing was housed at Kintock in Bridgeton, New Jersey,
files this writ of habeas corpus under 28 U.S.C. § 2254,
challenging his 2007 New Jersey state court conviction.
The filing fee for a petition for writ of habeas corpus is
Pursuant to Local Civil Rule 54.3(a), the filing fee is
required to be paid at the time the petition is presented for
Pursuant to Local Civil Rule 81.2(b), whenever a
prisoner submits a petition for writ of habeas and seeks to
proceed in forma pauperis, that petitioner must submit (a) an
affidavit setting forth information which establishes that the
petitioner is unable to pay the fees and costs of the
proceedings, and (b) a certification signed by an authorized
officer of the institution certifying (1) the amount presently
on deposit in the prisoner's prison account and, (2) the
greatest amount on deposit in the prisoners institutional
account during the six-month period prior to the date of the
If the institutional account of the petitioner
exceeds $200, the petitioner shall not be considered eligible to
proceed in forma pauperis. L. CIV. R. 81.2(c).
Petitioner did not prepay the $5.00 filing fee for a habeas
petition as required by Local Civil Rule 54.3(a), nor did
Petitioner submit a complete application for leave to proceed in
Specifically, Petitioner failed to include an
institutional account statement for a six-month period which is
certified by an authorized officer of the institution. L. CIV. R.
Accordingly, this matter will be administratively
terminated for failure to satisfy the filing fee requirement.
Petitioner will be granted leave to apply to reopen by either
paying the filing fee or submitting a complete application for
leave to proceed in forma pauperis.
To the extent Petitioner asserts that institutional
officials have refused to provide the certified account
statement, any such assertion must be supported by an affidavit
detailing the circumstances of Petitioner's request for a
certified account statement and the institutional officials'
refusal to comply, including the dates of such events and the
names of the individuals involved.
For the reasons set forth above, the Clerk of the Court will
be ordered to administratively terminate this action without
Petitioner will be granted leave to apply to re-open
within 45 days, by either prepaying the filing fee or submitting
a complete application for leave to proceed in forma pauperis.
An appropriate Order will be entered.
___s/ Noel L. Hillman_____
NOEL L. HILLMAN
United States District Judge
Dated: September 30, 2015
At Camden, New Jersey
Such an administrative termination is not a “dismissal” for
purposes of the statute of limitations, and if the case is reopened pursuant to the terms of the accompanying Order, it is
not subject to the statute of limitations time bar if it was
originally submitted timely. See Houston v. Lack, 487 U.S. 266
(1988) (prisoner mailbox rule); Papotto v. Hartford Life & Acc.
Ins. Co., 731 F.3d 265, 275-76 (3d Cir. 2013) (collecting cases
and explaining that a District Court retains jurisdiction over,
and can re-open, administratively closed cases).
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