RODRIGUEZ V. UNITED STATES OF AMERICA
Filing
4
MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 10/27/2016. (tf, n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
:
:
:
Petitioner,
:
:
v.
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:
UNITED STATES OF AMERICA,
:
:
Respondent.
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___________________________________:
MACARIO MAR RODRIGUEZ,
Civ. No. 16-5452 (NLH)
MEMORANDUM OPINION
APPEARANCES:
Macario Mar Rodriguez
62714-279
Fort Dix
Federal Correctional Institution
Inmate Mail/Parcels
East: P.O. Box 2000
Fort Dix, N.J. 08640
Plaintiff Pro se
HILLMAN, District Judge
IT APPEARING THAT:
1.
On September 3, 2016, Petitioner Macario Mar Rodriguez
(“Petitioner”) submitted a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2241.
2.
(ECF No. 1.)
With his Petition, Petitioner submitted an application
to proceed in forma pauperis.
(ECF No. 1-2.)
Based on the
amount of money contained in his prison account, the Court
denied his application.
(ECF Nos. 2, 3.)
The Court informed
Petitioner that if he wished to proceed with his habeas
petition, he must pay the $5 filing fee.
(Id.)
The Court
further informed Petitioner that the Petition does not set forth
grounds for relief and, instead, makes reference to a
“Memorandum of Law.”
(Id.)
received by the Court.
3.
However, no such memorandum was
(Id.)
On October 21, 2016, Petitioner submitted his $5 filing
fee, but as of this date, he has not submitted any memoranda of
law.
4.
Pursuant to Rule 2(c) of the Rules Governing Section
2254 Cases, applicable to § 2241 cases through Rule 1(b), “[t]he
petition must: (1) specify all the grounds for relief available
to the petitioner; (2) state the facts supporting each ground….”
5.
As previously explained to Petitioner, his Petition
does not specify any grounds for relief or facts supporting
those grounds.
Without any grounds for relief to consider, the
Court will dismiss the Petition without prejudice.
If
Petitioner would like this Court to consider a § 2241 petition,
he must comply with Rule 2(c).
An appropriate order follows.
Dated: October 27, 2016
At Camden, New Jersey
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.
2
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