WOELLER v. CAMDEN COUNTY CORRECTIONAL FACILITY

Filing 4

MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 5/4/2015. (nz, )N.M.

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

RODGER WOELLER,

HONORABLE JEROME B. SIMANDLE

Plaintiff,
Civil Action
No. 15-2885 (JBS-JS)

v.
CAMDEN COUNTY CORRECTIONAL
FACILITY, et al.,

MEMORANDUM OPINION

Defendant.

SIMANDLE, Chief Judge:
Before the Court is Petitioner Rodger Woeller’s
(“Plaintiff”) request for relief pursuant to 18 U.S.C. §
3626(a)(3).
1.

Petitioner is a pretrial detainee at Camden County

Correctional Facility (“CCCF”). Plaintiff filed this action
requesting to be released due to unconstitutional conditions of
confinement.
2.

Section 3626, entitled “Appropriate Remedies with

respect to prison conditions,” is a remedial statute and does
not confer independent jurisdiction upon this Court. See
Handberry v. Thompson, 446 F.3d 335, 345 (2d Cir. 2006)
(“Section 3626(a) limits not jurisdiction, but rather the types
of remedies available once jurisdiction has been properly
invoked.”). The Court therefore construes the filing as a

Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241.
See Leamer v. Fauver, 288 F.3d 532, 542 (3d Cir. 2002)
(“whenever the challenge ultimately attacks the ‘core of habeas'
. . . a challenge, however denominated and regardless of the
relief sought, must be brought by way of a habeas corpus
petition.’).
3.

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).
4.

The Clerk of the Court shall be ordered to provide

Petitioner with a blank in forma pauperis application.
Petitioner may submit the completed application, or the filing
fee, within 30 days for this Court’s consideration.

May 4, 2015
Date

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

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