SMITH v. STATE OF NEW JERSEY et al

Filing 2

MEMORANDUM AND ORDER, ORDERED that the Clerk shall administratively terminate this case, etc.; ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court in writing within 30 days, etc. (Blank habeas petition form and IFP form sent). Signed by Judge Robert B. Kugler on 10/7/2014. (dmr)(n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JERMAINE SMITH,
Petitioner,
v.
STATE OF NEW JERSEY, et al.,
Respondents.

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Civil No. 14-5997 (RBK)

MEMORANDUM AND ORDER

Pro se Petitioner, Jermaine Smith, a prisoner confined at the New Jersey State Prison in
Trenton, New Jersey, seeks to bring a habeas petition 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 supplied by the Clerk for section 2254
petitions, i.e., AO 241 (modified): DNJ-Habeas-008 (Rev.01-2014). Additionally, Petitioner did
not pay the $5.00 filing fee nor did he submit a complete application to proceed in forma
pauperis. Accordingly, this matter will be administratively terminated.
Therefore, IT IS on this 7th day of October, 2014,
ORDERED that the Clerk of the Court shall administratively terminate this case;
Petitioner is informed that administrative termination is not a “dismissal” for purposes of the
statute of limitations, and that if the case is reopened, it is not subject to the statute of limitations
time bar if it was originally filed timely, see Papotto v. Hartford Life & Acc. Ins. Co., 731 F.3d
265, 275 (3d Cir. 2013) (distinguishing administrative terminations from dismissals); Jenkins v.

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Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 2013) (describing prisoner
mailbox rule generally); 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 petition 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 case, he shall so notify the Court, in
writing addressed to the Clerk of the Court, Mitchell H. Cohen Building & U.S. Courthouse, 4th
& Cooper Streets, Room 1050, Camden, New Jersey, 08101, within thirty (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 and either the $5.00 filing fee or a complete application
to proceed in forma pauperis by a prisoner in a habeas corpus case; and it is further
ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen
this case, a complete signed petition and either the filing fee or a complete application to proceed
in forma pauperis, the Clerk of the Court will be directed to reopen this case; and it is finally
ORDERED that the Clerk of the Court shall serve upon Petitioner by regular U.S. mail:
(1) a copy of this Memorandum and Order; (2) a blank habeas petition form—AO 241
(modified): DNJ-Habeas-008 (Rev.01-2014); and (3) a blank application to proceed in forma
pauperis by a prisoner in a habeas corpus case.

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

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