RAMOS v. NEW JERSEY STATE PRISON et al

Filing 2

MEMORANDUM, ORDER Clerk shall administratively terminate this case. Order and IFP mailed 12/21. Signed by Judge Robert B. Kugler on 12/21/16. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
LUIS RAMOS,
Petitioner,
v.
NEW JERSEY STATE PRISON, et al.,
Respondents.

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Civil No. 16-9139 (RBK)

MEMORANDUM AND ORDER

Pro se petitioner, Luis Ramos, a prisoner confined at the New Jersey State Prison in
Trenton, New Jersey, seeks to bring a habeas petition pursuant to 28 U.S.C. § 2254. The petition
did not include an application to proceed in forma pauperis nor did it include a prepaid $5.00
filing fee as the check was not made out to the proper party. (See Dkt. No. 1-4) Thus, this case
will be administratively closed. Petitioner shall be given an opportunity to reopen this action
should he so choose.
Therefore, IT IS this 21st day of December, 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 (3d Cir. 2013) (distinguishing administrative terminations from dismissals); Jenkins v.
Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 2013) (describing prisoner
mailbox rule generally); and it is further

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ORDERED that the Clerk’s service of the blank habeas petition form shall not be
construed as this Court’s finding that the original petition is or is not timely, or that petitioner's
claims are or are not duly exhausted; 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, Room 1050, Camden, New Jersey, 08101, within thirty (30) days of the date
of entry of this Memorandum and Order; petitioner’s writing shall include either the $5.00 filing
fee or a complete application to proceed in forma pauperis; and it is further
ORDERED that upon receipt of a writing from petitioner stating that he wishes to reopen
this case and either the $5.00 filing fee or a complete application to proceed in forma pauperis,
the Clerk of the Court will be directed to reopen this case; and it is finally
ORDERED that the Clerk shall serve upon petitioner by regular U.S. mail: (1) a copy of
this Memorandum and Order; (2) a blank form application to proceed in forma pauperis by a
prisoner in a habeas corpus case.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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