KING v. JOHNSON et al

Filing 2

MEMORANDUM/ORDER 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; that the Clerks provision of the blank h abeas petition form shall not be construed as this Courts finding that the original petition is or is not timely; that if petitioner wishes to reopen this case, he shall so notify the Court, in writing addressed to the Clerk of the Court within thirty (30) days of the date of entry of this Memorandum and Order; that the Clerk of the Court shall serve upon petitioner by regular U.S. mail:(1) a copy of this Memorandum and Order; (2) a blank habeas petition formAO 241 (modified): DNJ-Habeas-008 (Rev.01-2014); and (3) a blank form application to proceed in forma pauperis by a prisoner in a habeas case; etc. Signed by Judge Kevin McNulty on 2/10/16. (DD, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

GEORGE KING,
Civ. No. 16-0654 (KM)
Petitioner,
v.

MEMORANDUM AND ORDER

STEPHEN JOHNSON, et al.,
Respondents.
Pro se petitioner, George King, a prisoner confined at the New Jersey State Prison in

Trenton, 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). Mr. King did not use the habeas form supplied by the Clerk for section 2254
petitions, i.e., AO 241 (modified): DNJ-Habeas-008 (Rev.01-2014). Furthermore, the petition
include neither an application to proceed informapauperis nor a prepaid $5.00 filing fee.
Accordingly, this matter will be administratively terminated. Mr. King shall be given thirty days
in which to submit his habeas petition on the proper form and include either the $5.00 filing fee
or a complete application to proceed informapauperis.
Therefore, IT IS this 10th day of February, 2016.
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 & 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).
AND IT IS FURTHER ORI)ERED that the Clerk’s provision 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 petitioner’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. Courthouse, 50 Walnut Street, Room 4015, Newark, NJ 07101, within thirty (30) days of
the date of entry of this Memorandum and Order. Petitioner’s writing shall include a complete
and signed habeas petition on the appropriate form and either the $5.00 filing fee or a complete
application to proceed in forma pauperis.
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 along with either the filing fee
or a complete application to proceed informa pauperis. 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 upon petitioner by regular U.S. mail:
(1) a copy of this Memorandum and Order; (2) a blank habeas petition form—AO 241
(modified): DNJ-Habeas-008 (Rev.01-2014); and (3) a blank form application to proceed in
forma pauperis by a prisoner in a habeas case.

K VTN MCNULTY
United States District Judge

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