DE JESUS v. D'LLIO

Filing 3

MEMORANDUM/ORDER that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE this case, without filing the petition or assessing a filing fee; that the Clerk of the Court shall forward Petitioner a blank habeas petition formAO 241 (modified) :DNJ-Habeas-008(Rev.01-2014); that 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; 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; etc. Signed by Judge Claire C. Cecchi on 1/8/15. (DD, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

LUIS DE JESUS.
Civil Action No. 14-6494 (CCC)

Petitioner.
v.

MEMORANDUM AND ORDER

:

STEPHEN D’LLJO,
Respondent.

Pro se Petitioner Luis De Jesus, a prisoner confined at New Jersey State Prison, 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).
THEREFORE, it is on this

‘

day of

flu

a U

,

2015;

ORDERED that the Clerk of the Court shall administratively terminate this case, without
filing the petition or assessing a tiling 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 Papotto v.
Hartford Life & Ace. Ins. Co.. 731 F.3d 265. 275 (3d Cir, 2013) (distinguishing administrative
terminations from dismissals); Jenkins v. Superintendent of Laurel Highlands, 705 F.3d 80, 84

n.2 (3d Cir. 2013) (describing prisoner mailbox rule generally); Dasilva v. SlierifIs Dep’t.. 413

F. App’x 498. 502 (3d Cir. 2011) (per curiam) (‘[The1 statute of limitations is met when a
[petitioni 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.01-2014); 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 Petitione?s
claims are or are not duly exhausted; and it is further
ORDERED that if Petitioner wishes to reopen this case, he shall so notifi 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; Petitioner’s writing shall include a complete, signed habeas petition on
the appropriate form and either: (1) 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 (2)
the $5 filing fee; 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
upon Petitioner by regular U.S. mail.

CLAIRE C. CECCHI
United States District Judge