GILKES v. HENDRICKS et al

Filing 2

MEMORANDUM AND ORDER that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE this case, without filing the complaint or assessing a filing fee. Petitioner is informed that administrative termination is not a dismissal for purposes of the stat ute 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. The Clerk of the Court shall forward Petitioner a blank habeas petition formAO 241 (modified):DNJ-Habe as-008(Rev.0l..2014) and a blank form Application to Proceed in Forma Pauperis in a Habeas Corpus Case, for use by a prisoner that if Petitioner wishes to reopen this case, he shall so notify the Court, in writing addressed to the Clerk of the Cou rt, Martin Luther King Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07101, within 30 days of the date of entry of this Memorandum and Order. Petitioners writing shall include a complete, signed habeas petition on the appropriate form a nd either the $5 filing fee or a complete in forma pauperis application. Upon receipt of a writing from Petitioner stating that he wishes to reopen this case a complete, signed petition; and either the $5 filing fee or a complete informa pauperis application, the Clerk of the Court will be directed to reopen this case. Signed by Judge Jose L. Linares on 6/27/14. (sr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JERMAINE GILKES,
Civil Action No. 14-3209 (JLL)

Petitioner,
v.

:

MEMORANDUM AND ORDER

ROY L. HENDRICKS, et al.,
Respondents.

IT APPEARiNG THAT:
1, Pro se Petitioner Jermaine Gilkes, a prisoner confined at Essex
County Jail in Newark,
New Jersey, seeks to bring a habeas petition pursuant to 28 U.S.C.

§ 2254.

Local Civil Rule 81.2

provides:
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 supplie
d
by the Clerk.
.

.

L.Civ,R. 81.2(a). Petitioner did not use the habeas form supplie
d by the Clerk for section 2254
petitions, i.e., AO 241 (modified):DNJ-Habeas-008(Rev.0 1-2014
).
2. Petitioner also neither prepaid the $5.00 filing fee for a habeas
petition as required by
Local Civil Rule 54.3(a), nor submitted a complete application
to proceed in forma pauperis.
Specifically, Petitioner failed to submit the account certific
ation required by Local Civil Rule
81.2(b).
THEREFORE,

it

is on this

2

day of

cL
,

2014,

ORDERED that the Clerk of the Court slia11 ADMINISTR
ATIVELY TERMINATE this
case, without filing the complaint or assessing a filing
fee; 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 Jenkins v. Superintendent of Laurel Highlands, 705 F.3d
80, 84 n.2 (2013)
(describing prisoner mailbox rule generally); Dasilva v. Sheriffs Dep
‘t., 413 F. App’x 498, 502
(3rd Cir. 2011) (per curiam) (“[The] statute of limitations is met when
a complaint is submitted
to the clerk before the statute runs

....“);

and it is further

ORDERED that the Clerk of the Court shall forward Petitioner a blank
habeas petition
form—AO 241 (modified):DNJ-Habeas-008(Rev.0l..2014) and a blank
form Application to
Proceed in Forma Pauperis in a Habeas Corpus Case, for use by a prisoner;
and it is further
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, Martin Luther King Buildi
ng & U.S. Courthouse, 50
Walnut Street, Newark, NJ 07101, within 30 days of the date of entry
of this Memorandum and
Order; Petitioner’s writing shall include a complete, signed habeas
petition on the appropriate
form

either the $5 filing fee or a complete in forma pauperis application;
and it is further
ORDERED that upon receipt of a writing from Petitioner stating
that he wishes to reopen

this case; a complete, signed petition; and either the $5 filing fee or
a complete informa pauperis
application, the Clerk of the Court will be directed to reopen this
case; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of this
Memorandum and Order
upon Petitioner by regular U.S. mail.

Jos L: Linares, U.S.D.J.
2