BUCKSHAW v. KANE et al

Filing 2

MEMORANDUM, ORDER directing the clerk to administratively terminate this case for Petitioners failure to submit a complete ifp application or the filing fee and for failing to use the correct form. ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, within 30 days of the date of entry of this Order etc. Signed by Judge Robert B. Kugler on 4/2/2018. (rss, n.m)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

JOHN J. BUCKSHAW,
Petitioner,

Civil Action
No. 18-408 (RBK)

v.
POLICE OFFICER NEIL KANE, et al.,

MEMORANDUM AND ORDER

Respondents.

KUGLER, District Judge:
Before the Court is a Petition for Writ of Habeas Corpus signed by pro se Petitioner John
J. Buckshaw (hereinafter, “Petitioner”). It is unclear from the Petition whether Petitioner is
currently a pretrial detainee awaiting sentencing (28 U.S.C. § 2241) or whether he is serving a
sentence under a judgment entered against him by the Superior Court of Atlantic County (28
U.S.C. § 2254).
Petitioner did not pay the filing fee or submit an in forma pauperis application. Under the
local rules, an application to proceed in forma pauperis must include an
affidavit setting forth information which establishes that the prisoner is unable to
pay the fees and costs of the proceedings and shall further submit 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 prisoner's prison account during the six-month period prior to the date of the
certification.
Local Civ. R. 81.2(b).
Furthermore, Petitioner did not submit his petition on the form provided by the
Clerk’s Office as required by the Local and Habeas rules. See Local Civ. R. 81.2(a)
(“Unless prepared by counsel, petitions to this Court for a writ of habeas corpus . . . shall

be in writing (legibly handwritten in ink or typewritten), signed by the petitioner or movant,
on forms supplied by the Clerk.”); 28 U.S.C. § 2254 Rule 2(d).
THEREFORE it is on this 2nd

day of April, 2018;

ORDERED that the Clerk of the Court shall administratively terminate this case for
Petitioner’s failure to submit a complete in forma pauperis application or the filing fee and for
failing to use the correct form; and it is further
ORDERED that the Clerk of the Court shall forward to Petitioner an in forma pauperis
application for habeas cases, DNJ-Pro Se-007-B-(Rev. 09/09); and it is further
ORDERED that the Clerk of the Court shall forward to Petitioner a blank habeas corpus
petition form, AO 242 (12/11), which is to be used if the Petitioner is currently a pretrial detainee
awaiting sentencing; and it is further
ORDERED that the Clerk of the Court shall forward to Petitioner a blank habeas corpus
petition form, AO 241 (1/14), which is to be used if the Petitioner is currently serving a sentence
under a state court judgment; 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 and U.S. Courthouse, 4th
and Cooper Streets, Camden, New Jersey, 08101, within 30 days of the date of entry of this Order.
Petitioner’s writing shall include the $5.00 filing fee or completed in forma pauperis application
and shall be on the correct form; 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 completed in forma pauperis application, the Clerk of
Court will be directed to reopen this case; and it is finally

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ORDERED that the Clerk of the Court shall serve a copy of this Order upon Petitioner by
regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
U.S. District Judge

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