STEVENSON v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, 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. The Clerk shall forward Petitioner a blank habeas petition formAO 241 (modified):DNJ-Habeas-008( Rev.01-2014) and a blank form Application to Proceed In Forma Pauperis in a Habeas Corpus Case, for use by a prisoner. If Petitioner wishes to reopen this case, he shall so notify the Court, in writing addressed to the Clerk of the Court 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 and either the $5 filing fee or a complete in forma pauperis application. Upon receipt of a w riting 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 will be directed to reopen this case; etc. Signed by Judge Jose L. Linares on 10/28/14. (sr, )

_

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
HASSAN STEVENSON,
Civil Action No. 14-62 10 JLL)

Petitioner,
v.

:

MEMORANDUM AND ORDER

JOHN HOFFMAN,
Respondent.

IT APPEARING THAT:
1. Pro se Petitioner Hassan Stevenson, a prisoner confined at Baysid
e State Prison in
Hammonton, 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, 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 petitio
n 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 certification require
d by Local Civil Rule
81.2(b).
THEREFORE, it is on this

day of

,

2014;

ORDERED 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 statute of limitations,
and that
if the case is reopened, it is not subject to the statute of limitations time bar if it was origina
lly
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, 201 1) (per curiam) (“[The] statute of limitations is met when a complaint is submit
ted
to the clerk before the statute runs

....“);

and it is further

ORDERED that the Clerk of the Court shall forward Petitioner a blank habeas petitio
n
form—AO 241 (modified):DNJ-Habeas-008(Rev.01-2014) and a blank form Applic
ation 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 Petitio
ner’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. Courth
ouse, 50
Walnut Street, Newark, NJ 07101, within 30 days of the date of entry of this Memo
randum and
Order; Petitioner’s writing shall include a complete, signed habeas petition on the
appropriate
form and 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 inform
a 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.

j

2

‘L. Linares, U.S.D.J.