ORTEGA v. KELLY et al

Filing 2

MEMORANDUM and ORDER Clerk shall administratively terminate this matter. ORDERED Clerk shall send Petitioner a blank IFP application, a blank AO241 form, and a copy of this Memorandum and Order. ORDERED Petitioner has 30 days from the entry of this Order to reopen this matter. Signed by Chief Judge Jerome B. Simandle on 2/24/2015. (nz, )n.m.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

GIRSON J. ORTEGA,

HONORABLE JEROME B. SIMANDLE

Petitioner,
Civil Action
No. 15-1253 (JBS)

v.
LINDA L. KELLY, et al.

MEMORANDUM AND ORDER
Respondent.

SIMANDLE, Chief Judge:
Before the Court is a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254 signed by pro se Petitioner Girson
J. Ortega (hereinafter, “Petitioner”).
1.

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 petitioners, i.e., AO241
(modified).
2.

Petitioner neither prepaid the $5.00 filing fee for a

habeas petition as required by Local Civil Rule 54.3(a), nor
submitted a complete application to proceed in forma pauperis
(“IFP”) that contains a certification by an authorized official
at his place of confinement certifying Petitioner’s

institutional account for the preceding six months, as required
under L.Civ.R. 81.2(b).
THEREFORE it is on this

24th

day of

February , 2015;

ORDERED that the Clerk of the Court 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 of the Court shall send Petitioner a
blank form application to proceed in forma pauperis – DNJ-Pro
Se-007-B-(Rev. 09/09); and it is further
ORDERED that the Clerk of the Court shall forward to
Petitioner a blank habeas petition form – AO241 (modified): DNJHabeas-008 (Rev.01-2014); 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 petitioner 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 and U.S. Courthouse,
Fourth and Cooper Streets, Camden, New Jersey, 08101, within 30
days of the date of entry of this Memorandum and Order;

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Petitioner’s writing shall include a complete, signed habeas
petitioner on the appropriate form; and it is further
ORDERED that upon receipt of a writing from Petitioner
stating that he wishes to reopen this case, and a complete,
signed petition, including the application to proceed in forma
pauperis or filing fee, the Clerk of Court will be directed to
reopen this case; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of
this Memorandum and Order upon Petitioner by regular U.S. mail.

s/ Jerome B. Simandle
JEROME B. SIMANDLE,
Chief U.S. District Judge

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