PITTMAN v. STATE OF NEW JERSEY

Filing 2

MEMORANDUM/ORDER that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE this case, without filing the petition; that the Clerk of the Court shall forward Petitioner a blank habeas petition form A0241 (modified): DNJ-Habeas-008 (Rev. 0 1-2014); that the Clerk of the Court shall supply to Petitioner a blank form Application to Proceed In forma Pauperis in a Habeas Corpus Case (DNJ-PRO-SE-007-B.pdf), for use by a prisoner; that if Petitioner wishes to reopen this case, he shall so notify the Court, in a writing addressed to the Clerk of the Court; within 30 days of the date of entry of this Memorandum and Order; etc. Signed by Judge Claire C. Cecchi on 7/21/15. (DD, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ELIJAH PITTMAN,
Civil Action No. 15-5546 (CCC)
Petitioner,
MEMORANDUM AND ORDER

:

v.
STATE Of NEW JERSEY,
Respondent.

Pro se Petitioner Elijah Pittman, a prisoner confined at the Northern State Prison in
Newark, New Jersey, seeks to bring a habeas petition pursuant to 2$ 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., A0241 (modified).
In addition, Petitioner neither prepaid the $5.00 filing fee for a habeas petition as required
by Local Civil Rule 54.3(a), nor submitted a complete application to proceed informapauperis
(“IFP”) that contains an affidavit of indigence with a certification by an authorized official at his
place of confinement certifying Petitioner’s institutional account for the preceding six months, as
required under L.Civ.R. 8 1.2(b).
THEREFORE, it is on this

2_i

day of

,

2015;

ORDERED that the Clerk of the Court shall administratively terminate this case, without
filing the petition; 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
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of limitations time bar if it was originally filed timely, see Papotto v. Hartford L/ & 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 $0, $4 n.2 (3d Cir. 2013)
(describing prisoner mailbox rule generally); Dasilva v. Sherffs Dep ‘t., 413 F. App’x 498, 502
(3rd Cir. 2011) (per curiam) (“[The] statute of limitations is met when a [motion] is submitted to
the clerk before the statute runs

) it is further

ORDERED that the Clerk of the Court shall forward Petitioner a blank habeas petition

form— A0241 (modified): DNJ-Habeas-008 (Rev. 0 1-2014); it is further
ORDERED that the Clerk’s service of the blank habeas form shall not be construed as this
Court’s finding that the motion is or is not timely, or that Petitioner’s claims are or are not
procedurally defaulted; it is further
ORDERED that the Clerk of the Court shall supply to Petitioner a blank form Application
to Proceed In forma Pauperis in a Habeas Corpus Case (DNJ-PRO-SE-007-B.pdf), for use by a
prisoner; it is further
ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, in a
writing addressed to the Clerk of the Court, Martin Luther King Building & U.S. Courthouse, 50
Walnut Street, Newark, NJ 07101$, 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 informapauperis application, including a signed affidavit of indigence
with a certification of Petitioner’s institutional account, as required by Local Civil Rule 81.2(b), or
(2) the $5 filing fee; and it is further

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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

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