TAYLOR v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY et al
OPINION. Signed by Judge Noel L. Hillman on 4/1/21. (dd, )n.m.
Case 1:19-cv-18972-NLH-AMD Document 2 Filed 04/01/21 Page 1 of 3 PageID: 14
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civ. No. 19-18972 (NLH)
ATTORNEY GENERAL STATE OF NEW :
JERSEY, et al.,
South Woods State Prison
215 South Burlington Road
Bridgeton, NJ 08302
Petitioner Pro se
HILLMAN, District Judge
Petitioner Michael Taylor is a state prisoner proceeding
pro se with a civil rights complaint filed pursuant to 42 U.S.C.
He complaints about various conditions of his
confinement while he has been incarcerated at the South Woods
State Prison, in Bridgeton, New Jersey.
Clerk’s Office Nature of Suit/Cause of Action Designation
The Clerk’s office improperly labeled this case as a
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Actions brought pursuant to § 2254 challenge the underlying
Case 1:19-cv-18972-NLH-AMD Document 2 Filed 04/01/21 Page 2 of 3 PageID: 15
state court judgment of conviction.
See 28 U.S.C. § 2254(a)
(“The Supreme Court, a Justice thereof, a circuit judge, or a
district court shall entertain an application for a writ of
habeas corpus in behalf of a person in custody pursuant to the
judgment of a State court only on the ground that he is in
custody in violation of the Constitution or laws or treaties of
the United States.”).
However, Petitioner is not challenging
the legality of his underlying criminal sentence, but, rather,
various conditions of his confinement.
intent to file this action as a civil rights action is indicated
by the civil cover sheet filled out by Petitioner where he
expressly indicates he wishes this case to proceed as a civil
See ECF 1-1 (indicating case should proceed as a
555 nature of suit – prison condition).
Accordingly, the Clerk will be ordered to change the nature
of suit in this case a 555 – prison condition and the cause of
action to 42:1983 Prisoner Civil Rights.
Clerk shall change Petitioner’s designation on the docket to
Plaintiff and Respondents’ designation to Defendants.
the Clerk will be ordered to add a Magistrate Judge to this
The filing fee for a petition for writ of habeas corpus is
This Court accepted Petitioner’s $5.00 filing fee in
Case 1:19-cv-18972-NLH-AMD Document 2 Filed 04/01/21 Page 3 of 3 PageID: 16
However, the filing fee for a civil complaint is
$350.00 along with a $50.00 administrative fee. 1
this case is proceeding as a civil rights complaint, Petitioner
still owes $395.00.
Accordingly, this Court will
administratively terminate this action until such time as
Petitioner pays the balance owed.
Alternatively, Petitioner can
file a complete application to proceed in forma pauperis in a
civil rights case.
For the foregoing reasons, this matter is administratively
Petitioner may reopen this action by either paying
the balance owed to the filing fee ($395.00), or submitting a
complete application to proceed in forma pauperis in a civil
An appropriate order will be entered.
Dated: April 1, 2021
At Camden, New Jersey
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.
On December 1, 2020, the administrative fee was raised from
$50.00 to $52.00. However, given Petitioner filed this action
prior to this increase, should he elect to pay the filing fee,
he shall not have to pay the additional $2.00.
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