BARNES v. WARREN et al

Filing 5

OPINION. Signed by Judge Noel L. Hillman on 1/10/2022. (rtm, )(nm)

Case 1:21-cv-20466-NLH Document 5 Filed 01/10/22 Page 1 of 3 PageID: 23

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
JAMES BARNES,
:
:
Petitioner,
:
Civ. No. 21-20466 (NLH)
:
v.
:
OPINION
:
:
:
EUGENE CALDWELL,
:
:
Respondent.
:
______________________________:
APPEARANCE:
James Barnes
88173/ B-Pod
Cumberland County Department Of Corrections
54 W. Broad Street
Bridgeton, NJ 08302
Petitioner Pro se
HILLMAN, District Judge
Petitioner James Barnes has filed a petition for writ of
habeas corpus under 28 U.S.C. § 2241.1

See ECF No. 1.

Filing Fee
The filing fee for a petition for writ of habeas corpus is
$5.00.

Pursuant to Local Civil Rule 54.3(a), the filing fee is

required to be paid at the time the petition is presented for

Petitioner names both the former warden of the Cumberland
County Jail, Charles Warren, and the current warden, Eugene
Caldwell, as respondents. Petitions under § 2241 are properly
filed against the petitioner’s current custodian; therefore, the
Court will dismiss the former warden from the action.
1

Case 1:21-cv-20466-NLH Document 5 Filed 01/10/22 Page 2 of 3 PageID: 24

filing.

Pursuant to Local Civil Rule 81.2(b), whenever a

prisoner submits a petition for writ of habeas corpus and seeks
to proceed in forma pauperis, that petitioner must submit (a) an
affidavit setting forth information which establishes that the
petitioner is unable to pay the fees and costs of the
proceedings, and (b) 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 institutional
account during the six-month period prior to the date of the
certification.

If the institutional account of the petitioner

exceeds $200, the petitioner shall not be considered eligible to
proceed in forma pauperis.

L. Civ. R. 81.2(c).

Here, Petitioner has failed to either include the $5 filing
fee or an application to proceed in forma pauperis.

Petitioner

must either submit the $5 filing fee or a complete application
to proceed in forma pauperis for his habeas petition to be
considered.
Conclusion
For the reason set forth above, the Clerk of Court will be
ordered to administratively terminate this Petition without
prejudice.2

Petitioner will be granted leave to apply to re-open

Such an administrative termination is not a “dismissal” for
purposes of the statute of limitations, and if the case is re2

2

Case 1:21-cv-20466-NLH Document 5 Filed 01/10/22 Page 3 of 3 PageID: 25

within thirty (30) days, by paying the filing fee of $5.00 or
submitting a complete in forma pauperis application.
An appropriate Order will be entered.

Dated:January 10, 2022
At Camden, New Jersey

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

opened pursuant to the terms of the accompanying Order, it is
not subject to the statute of limitations time bar if it was
originally submitted timely. See Houston v. Lack, 487 U.S. 266
(1988) (prisoner mailbox rule); Papotto v. Hartford Life & Acc.
Ins. Co., 731 F.3d 265, 275-76 (3d Cir. 2013) (collecting cases
and explaining that a District Court retains jurisdiction over,
and can re-open, administratively closed cases).
3