CANN v. GREEN et al

Filing 2

MEMORANDUM AND ORDER directing the Clerk to administratively terminate this case. 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 subj ect to the statute of limitations time bar if it was originally filed timely. The Clerk shall supply to Petitioner a blank form Application to Proceed in District Court Without Prepaying Fees or Costs AO 239 (Rev. 12/13); and if Petitioner wis hes to reopen this case, he shall so notify the Court, in a writing addressed to the Clerk of the Court w/in 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: (1) a complete in forma pauperis application, as required by Local Civil Rule 81.2(b), or (2) the $5 filing fee; etc. Signed by Judge Claire C. Cecchi on 10/14/15. (sr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JOSEPH ALPHEAUS OINCEN CAN1’,
Civil Action No. 15-7401 (CCC)
Petitioner,

v.

:

MEMORANDUM AND ORDER

CHARLES GREEN, et al.,

Respondents.

Pro se Petitioner Joseph Aipheaus Oincen Cann, an immigration detainee confined at the
Essex County Correctional Facility in Newark, New Jersey, seeks to bring a habeas petition
pursuant to 28 U.S.C.

§ 2241. 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 in forma
pauperis (“IF?”), as required under L. Civ. R. 81.2(b).
IT IS therefore on this

day of_______

2015,

ORDERED that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE
this case; 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 & Acc. 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. Sheriffs 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

1

ORDERED that the Clerk of the Court shall supply to Petitioner a blank form Application
to Proceed in District Court Without Prepaying Fees or Costs—AO 239 (Rev. 12/13); 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 071018, within thirty (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, as required by Local
Civil Rule 81.2(b), or (2) the $5 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.

C
Claire C. Cecchi
United States District Judge

2