FITZGERALD v. D'ILIO et al

Filing 2

MEMORANDUM and ORDER that the Clerk of the Court shall administratively terminate this case, etc; that the Clerk of the Court shall forward Petitioner a blank habeas petition formAO 241 (modified): DNJ-Habeas-008 (Rev.01-2014), etc; that if Pet itioner wishes to reopen this case, he shall so notify the Court, in writing, within 30 days of the date of entry of this Memorandum and Order, etc. Signed by Judge Kevin McNulty on 6/27/14. (Clerk's Note: Blank Form AO241 and Memorandum and Order mailed to Petitioner)(jd, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JOHN FITZGERALI),
Civil No. 14-4025 (KM)
Petitioner,
v.

:

MEMORANDUM AND ORDER

STEPFIEN D’ILiO, et al.,
Respondents.

Pro se Petitioner, John Fitzgerald, a prisoner confined at New Jersey State Prison in
Trenton, 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 supplied
by the Clerk.
.

.

L.Civ.R. 81.2(a). Petitioner did not use the habeas form supplied by the Clerk for section 2254
petitions. Accordingly, this matter will be administratively terminated. Petitioner may, if he
wishes, resubmit his habeas petition on the proper form, a copy of which will be supplied with
this order.
IT IS this 27th day of June, 2014,
ORJ)ERED that the Clerk of the Court shall administratively terminate this case;
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 timely when originally filed, see Papotto v. HarUörd Life & Ace. Ins, Co., 731

F.3d 265, 275 (3d Cir. 2013) (distinguishing administrative terminations from dismissals);
Jenkins v. Superintendent ofLaurel Iiighiands, 705 F.3d 80, 84 n.2 (3d Cir. 2013) (describing
prisoner mailbox rule generally); and it is further
ORDERED that the Clerk of the Court shall forward Petitioner a blank habeas petition
form——A() 24 (modified): DNJ-I-Iabeas-008 (Rev.01-2014); and it is further
ORDERED that the Clerk’s service of the blank habeas petition form shall not be
construed as a 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 Building & U.S. Courthouse, 50
Walnut Street, Newark, New Jersey 07101, within thirty (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; and it is further
ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen
this case, and a complete, signed petition, 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
and a blank habeas petition form—AO 241 (modified): DNJ-Habeas-008 (Rev.01-2014) upon
Petitioner by regular U.S. mail.

1cL

JLJ)(1
/

KE [N MCNUfTY
United States District Judge

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