COLEMAN v. UNITED STATES PAROLE COMMISSION et al

Filing 2

MEMORANDUM and ORDER DISMISSING CASE. ORDERED that the Clerk shall administratively terminate this case for petitioners failure to either pay the requisite filing fee of $5.00 or submit a complete application to proceed in forma pauperis. ORDERED that the Clerk shall re-docket the habeas petition in this case (Dkt. No. 1.) as an amended petition in Civ. No. 14-0276. Signed by Judge Robert B. Kugler on 5/29/14. (dd, ) n.m.

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
NATHANIEL COLEMAN,
:
:
Petitioner,
:
:
v.
:
:
UNITED STATES PAROLE
:
COMMISSION, et al.,
:
:
Respondents.
:
___________________________________ :

Civ. No. 14-3329 (RBK)
MEMORANDUM AND ORDER

Petitioner is a federal prisoner currently incarcerated at F.C.I. Fort Dix in Fort Dix, New
Jersey. He is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. §
2241. Petitioner argues that he is entitled to his release as the Federal Bureau of Prisons is not
properly recognizing the amount of good time credits he has earned.
Petitioner did not pay the $5.00 filing fee nor did he submit an application to proceed in
forma pauperis in this action. Thus, this case will be administratively terminated.
However, this does not end the matter. Indeed, petitioner raised similar issues in another
federal habeas proceeding before this Court. (See Civ. No. 14-0276.) In that case, petitioner has
now paid the filing fee and the matter will be reopened in due course. As petitioner has raised
similar issues in this habeas proceeding as he does in his previously filed habeas proceeding, the
Court will construe the instant habeas petition as an amended habeas petition in petitioner’s
previously filed case and order the Clerk to file it as such. See Grullon v. Ashcroft, 374 F.3d
137, 140 (2d Cir. 2004) (construing § 2241 habeas petition that is filed when a petitioner has a
pending § 2241 petition as a motion to amend the first § 2241 habeas petition); see also Woods v.
Carey, 525 F.3d 886, 890 (9th Cir. 2008) (finding that district court should have construed pro se
habeas petition as motion to amend pending habeas petition); Cruz v. Hollingsworth, No. 131

2495, 2014 WL 47944, at *1 (D.N.J. Jan. 7, 2014) (construing habeas petition as motion to
amend pending habeas petition filed in the Southern District of New York). Petitioner should
make subsequent filings under Civ. No. 14-0276 with respect to his habeas petition regarding his
request to be released due to his purportedly earned good time credits that are not being
recognized by the Federal Bureau of Prisons.
Accordingly, IT IS on this 29th day of May, 2014,
ORDERED that the Clerk shall administratively terminate this case for petitioner’s
failure to either pay the requisite filing fee of $5.00 or submit a complete application to proceed
in forma pauperis; and it is further
ORDERED that the Clerk shall re-docket the habeas petition in this case (Dkt. No. 1.) as
an amended petition in Civ. No. 14-0276; and it is further
ORDERED that the Clerk shall serve a copy of this Memorandum and Order on
petitioner by regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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