AVILA v. JOHNSON et al

Filing 7

MEMORANDUM OPINION & ORDER: The petition for writ of habeas corpus shall be administratively terminated; Petitioner may, within 45 days of the date of this order, file a new § 2254 petition; the Clerk shall administratively terminate this case. Signed by Judge Noel L. Hillman on 4/3/2020. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ABDIEL F. AVILA,
Petitioner,

1:18-cv-9422 (NLH)
MEMORANDUM OPINION & ORDER

v.
ADMINISTRATOR STEVE JOHNSON,
Respondent.

APPEARANCES:
Abdiel F. Avila, 788891C
New Jersey State Prison
PO Box 861
Trenton, NJ 08625
Petitioner pro se
HILLMAN, District Judge
WHEREAS, Petitioner Abdiel F. Avila is proceeding pro se
with a petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2254, see ECF No. 1; and
WHEREAS, Habeas Rule 4 requires the assigned judge to sua
sponte dismiss a habeas petition or application without ordering
a responsive pleading under certain circumstances, 28 U.S.C. §
2254 Rule 4; and
WHEREAS, Habeas Rule 2 requires the petition to “specify
all the grounds for relief available to the petitioner” and to
“state the facts supporting each ground,” see 28 U.S.C. § 2254
Rule 2(c); and

WHEREAS, in Ground One of his petition, Petitioner argues
the Court should conduct “as a matter of due process, de novo
review of ‘all’ of defendant[‘]s pro se arguments, appendix, and
exhibits, which include a substantial showing of actual
innocence . . . .”, see ECF No. 1 at 17;
WHEREAS, it is not incumbent on the Court to search through
Petitioner’s various filings in order to determine what
arguments he wishes the Court to review.

The Habeas rules

require Petitioner to clearly state his arguments to the Court
in the manner set forth on the Clerk’s form, see generally 28
U.S.C. § 2254 Rule 2; and
WHEREAS, the Court will instruct the Clerk to send
Petitioner a new habeas form.

Petitioner must fill out the form

with all of the claims he wishes the Court to consider.

Each

claim is to be listed out individually along with its supporting
facts.

This includes the claims from the supplemental filing,

ECF No. 4.

If a claim is not on the new form, the Court will

not review it,
THEREFORE, IT IS on this

3rd

day of April, 2020

ORDERED that the petition for writ of habeas corpus shall
be administratively terminated as deficient under 28 U.S.C. §
2254 Rule 2; and is further
ORDERED that Petitioner may, within 45 days of the date of
this order, file a new § 2254 petition on the form provided by
2

the Clerk.

The amended petition must comply with the rules

governing habeas corpus pleadings, specifically by listing out
each claim individually along with its supporting facts; and it
is further
ORDERED that the Clerk shall send Petitioner a blank § 2254
form, AO 241 (modified):DNJ-Habeas-008(Rev. 01-2014); and it is
finally
ORDERED that the Clerk shall serve a copy of this Order
upon Plaintiff by regular mail and administratively terminate
this case.

The Clerk shall reopen this matter upon receipt of

the amended petition.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

3