DELLOBUONO v. SOUTHWOODS STATE PRISON et al
Filing
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OPINION. Signed by Judge Noel L. Hillman on 7/27/2015. (TH, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
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Petitioner,
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v.
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WARDEN OF SOUTHWOODS
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STATE PRISON, et al.,
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Respondents.
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___________________________________:
JOHN DELLOBUONO,
Civ. No. 15-5689 (NLH)
OPINION
APPEARANCES:
John Dellobuono, # 20778B-608772
Southwoods State Prison
215 Burlington Road
Bridgeton, NJ 08302
Petitioner Pro se
HILLMAN, District Judge
Petitioner John Dellobuono, a prisoner confined at
Southwoods State Prison in Bridgeton, New Jersey, files this
writ of habeas corpus under 28 U.S.C. § 2254, challenging his
2008 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
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).
Although Petitioner submitted a complete in forma pauperis
application, his certified prison account statement indicates
that the greatest amount on deposit in his account during the
six-month period prior to the date of the certification was
$287.97.
Furthermore, as of June 18, 2015, Petitioner’s account
balance was $232.69.
As stated above, pursuant to Local Civil
Rule 81.2(c), a petitioner shall not be considered eligible to
proceed in forma pauperis if the institutional account of the
petitioner exceeds $200.
Therefore, Petitioner in this case is
ineligible for in forma pauperis status and his request will be
denied.
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 paying
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the $5.00 filing fee for a habeas petition as required by Local
Civil Rule 54.3(a).
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 reopen
within 30 days, by prepaying the filing fee.
An appropriate Order will be entered.
___s/ Noel L. Hillman_____
NOEL L. HILLMAN
United States District Judge
Dated: July 27, 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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