ROYAL v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY et al

Filing 3

MEMORANDUM AND ORDER ADMINISTRATIVELY DISMISSING CASE. Signed by Judge Claire C. Cecchi on 11/21/2016.(Copies Sent) (seb)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
HOZAY ROYAL,
Civil Action No. 16-6498 (CCC)
Petitioner,
v.

:

MEMORANDUM AND ORDER

THE ATTORNEY GENERAL OF THE
STATE OF NEW JERSEY, et al.,

Respondents.

CECCHI, District Judgç.
Pro se Petitioner Hozay Royal, a prisoner confined at the Southern State Correctional
Facility in Delmont, New Jersey, seeks to file a Petition for Writ of Habeas Corpus 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 § 2254 petitions,
i.e., A0241 (modified): DNJ-Habeas-0O8 (Rev. 01-2014)—the form used by Petitioner does not
include a declaration that the Petition contains all the grounds for relief that Petitioner is raising,
and that he understands the failure to set forth all grounds may bar him from presenting additional
grounds at a later date.
IT IS therefore on this

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day of

ij

------.

,

2016,

ORDERED that the Clerk shall administratively terminate this case; Petitioner is informed
that administrative termination is not a “dismissal” for purposes of the statute of limitations, and

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that if the case is reopened, it is not subject to the statute of limitations time bar if it was originally
filed timely, see Fapotto v. Hartford Life & Acc. Ins. Co., 731 F.3d 265, 275 (3d Cir. 2013)
(distinguishing administrative terminations from dismissals); Jenkins v. Superintendent ofLaurel
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
ORDERED that the Clerk of the Court shall forward Petitioner a blank Petition Under 28

U.S.C.

§ 2254 for a Writ of Habeas Corpus

—

A0241 (modified): DNJ-Habeas-008 (Rev. 01-

20 14); it is further
ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, in a
writing, 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 it is further
ORDERED that the Clerk shall serve a copy of this Memorandum and Order upon
Petitioner by regular U.S. mail.

t
Claire C. Cecehi
United States District Judge

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