WILLIAMS v. D'LLIO et al

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.

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.

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————

CLAIRE C. CECCHI
United States District Judge