Filing 2

MEMORANDUM and ORDER Clerk shall administratively terminate this matter. ORDERED Clerk shall send a copy of this Order to the Petitioner. ORDERED Petitioner has 30 days from the entry of this Order to reopen this matter. Signed by Judge Claire C. Cecchi on 10/10/2014. (nz, )n.m.

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ANDRE WILLIAMS, Civil Action No. 14-5289 (CCC) Petitioner, v. : MEr4IORANDUM AND ORDER STEPHEN D’ILIO, et a!., Respondents. Pro se Petitioner Andre Williams (“Petition er”), a prisoner confined at New Jersey State Prison, seeks to bring a habeas petition purs uant to 28 U.S.C. § 2254. However, Petitione r did not did not pay the $5 filing fee for a habeas petition as required by Local Civil Rule 54.3 (a) or submit a completed application to proceed in forma pauperis in compliance with Loca l Civil Rule 8 1.2(b);’ THEREFORE,itisonthis I dayof ( kx ,2014; ORDERED that the Clerk of the Court shall administratively terminate this case, without filing the complaint or assessing a filing fee: and it is further ORDERED that administrative terminati on is not a “dismissal” for purposes of the statute of hmitations. and that if the case is reop ened, it is not subject to the statute of limit ations time bar if it was originally filed timely, see Jenkins v. Superintendent of Laurel Highland s. 705 F.3d 80. 84 n.2 (2013) (describing pnsoner mailbox rule generally); Da.silva v. Sheriff’s’ Dep rnt.. Although Petitioner contraened Local Civi l Rule 81.2 by failing to use the habeas form supplied by the Clerk for section 2254 petitions. the filed Peiition follo ws the content of the C1erks form and, as such , the Court will excuse Petitioner from the requirement of tiling on the form provided by the Clerk. See LCiv,R. 83.2 . 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 if Petitioner wishes to reopen this case, he shall so notify the Court, in writing addressed to the Clerk of the Court. M.L. King, Jr. Federal Bldg. & U.S. Courthouse, 50 Walnut Street, Newark. New Jersey, 07102, within 30 days of the date of entry of this Memorandum and Order; and it is further ORDERED that Petitioner’s writing shall include either: a complete in forma pauperis application, including a certification of Petitioner’s institutional account, as required by Local Civil Rule 8 1.2(b) or the S5 filing fee; and it is further ORDERED that the Clerk of the Court shall serve a copy of this Memorandum and Order upon Petitioner by regular U.S. mail. /. 7 / ———— CLAIRE C. CECCHI United States District Judge

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