ROMAN v. STATE OF NEW JERSEY
Filing
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MEMORANDUM AND ORDER, the Clerk of the Court shall Administratively Terminate this case, etc. Signed by Judge Renee Marie Bumb on 11/15/16. (js)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
EDWARD J. ROMAN, Sr.,
Petitioner,
v.
STATE OF NEW JERSEY and
ATTORNEY GENERAL OF THE
STATE OF NEW JERSEY,
Respondents.
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: Civil Action No. 16-7256 (RMB)
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MEMORANDUM AND ORDER
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A Petition for Writ of Habeas Corpus (ECF No. 1) was filed
in the above action, pursuant to 28 U.S.C. § 2254. The Court
reviewed the Petition for summary dismissal pursuant to Rule 4
of the Rules Governing Section 2254 Cases in the United States
District
Courts.
Petitioner
has
not
named
the
proper
respondent.
“If the petitioner is currently in custody under a statecourt judgment, the petition must name as respondent the state
officer who has custody.” Rule 2(a), Rules Governing Section
2254 Cases in the United States District Courts. “[T]he default
rule is that the proper respondent is the warden of the facility
where the prisoner is being held.” Rumsfeld v. Padilla, 542 U.S.
426, 435 (2004).
IT IS therefore on this 15th day of November 2016,
ORDERED that the Clerk of the Court shall administratively
terminate this case; Petitioner is informed that administrative
termination is not a “dismissal” for purposes of the statute of
limitations, and that if the case is reopened, it is not subject
to the statute of limitations time bar if it was originally
filed timely, see Papotto v. Hartford Life & Acc. Ins. Co., 731
F.3d 265, 275 (2013) (distinguishing administrative terminations
from dismissals); Jenkins v. Superintendent of Laurel Highlands,
705 F.3d 80, 84 n.2 (2013) (describing prisoner mailbox rule
generally); Dasilva v. Sheriff's Dep’t., 413 F. App’x 498, 502
(3rd Cir. 2011) (per curiam) (“[The] statute of limitations is
met
when
a
[petition]
is
submitted
to
the
clerk
before
the
statute runs ….”); and it is further
ORDERED
that
the
Clerk
of
the
Court
shall
forward
Petitioner a blank habeas petition form—AO 241 (modified):DNJHabeas-008(Rev.01-2014); 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 & U.S. Courthouse, 4th &
Cooper Streets, Camden, NJ 08101, within 30 days of the date of
entry of this Memorandum and Order; Petitioner’s writing shall
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include a complete, signed habeas petition, naming the proper
respondent; 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, the Clerk of the 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/RENÈE MARIE BUMB______
RENÈE MARIE BUMB
UNITED STATES DISTRICT JUDGE
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