CUTTS v. SHARTLE

Filing 2

MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 7/17/2014. (bdk, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ALLAHVELL CUTTS,
Petitioner,
v.
J.T. SHARTLE, Warden,
Respondent.

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Civil Action No. 14-4449(NLH)

MEMORANDUM OPINION

APPEARANCES:
Allahvell Cutts
F.C.I. Fairton
P.O. Box 420
Fairton, NJ 08320
Petitioner pro se

HILLMAN, District Judge
Petitioner Allahvell Cutts, a prisoner confined at the
Federal Correctional Institution at Fairton, New Jersey, has
filed a Petition for writ of habeas corpus, pursuant to 28
U.S.C. § 2241, challenging the result of a disciplinary
proceeding.
The filing fee for a petition for writ of habeas corpus is
$5.00.

Pursuant to Local Civil Rule 54.3(a), the filing fee is

required to be paid at the time the petition is presented for

filing.

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
certification.

If the institutional account of the petitioner

exceeds $200, the petitioner shall not be considered eligible to
proceed in forma pauperis.

Local Civil Rule 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 an application for leave to proceed in forma
pauperis.
CONCLUSION
For the reasons set forth above, the Clerk of the Court
will be ordered to administratively terminate the Petition
without prejudice. 1

1

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

Petitioner will be granted leave to apply to re-open within
30 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.

At Camden, New Jersey

Dated:

s/Noel L. Hillman
Noel L. Hillman
United States District Judge

July 17, 2014

originally filed timely. See Houston v. Lack, 487 U.S. 266
(1988) (prisoner mailbox rule); Burns v. Morton, 134 F.3d 109
(3d Cir. 1998) (applying Houston mailbox rule to the filing of
federal habeas petitions); 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).