KELLY v. STATE OF NEW JERSEY et al

Filing 2

OPINION. Signed by Judge Noel L. Hillman on 6/15/2015. (bdk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Petitioner,
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v.
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STATE OF NEW JERSEY, et al.,
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Respondents.
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___________________________________:
EUGENE I. KELLY,

Civ. No. 15-3932 (NLH)
OPINION

APPEARANCES:
Eugene I. Kelly, # 420545B / 615504
Bayside State Prison, Ancora Unit
P.O. Box 597
Hammonton, NJ 08037
Petitioner Pro se

HILLMAN, District Judge
Petitioner Eugene I. Kelly, a prisoner confined at Bayside
State Prison in Hammonton, New Jersey, files this writ of habeas
corpus under 28 U.S.C. § 2254, challenging his 2009 New Jersey
state court conviction.
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
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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. L. CIV. R. 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 pursuant to L. CIV. R. 81.2(b).
Accordingly, this matter will be administratively
terminated for failure to satisfy the filing fee requirement.
Petitioner will be granted leave to apply to reopen by either
paying the filing fee or submitting a complete application for
leave to proceed in forma pauperis.
To the extent Petitioner asserts that institutional
officials have refused to provide the certified account
statement, any such assertion must be supported by an affidavit
detailing the circumstances of Petitioner's request for a
certified account statement and the institutional officials'

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refusal to comply, including the dates of such events and the
names of the individuals involved.
CONCLUSION
For the reasons set forth above, the Clerk of the Court will
be ordered to administratively terminate this action without
prejudice. 1

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.

_____s/ Noel L. Hillman___
NOEL L. HILLMAN
United States District Judge

Dated: June 15, 2015
At Camden, New Jersey

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
originally submitted timely. See Houston v. Lack, 487 U.S. 266
(1988) (prisoner mailbox rule); 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).
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