ZHE v. GREEN

Filing 2

MEMORANDUM AND ORDER that the Clerk of the Court shall administratively terminate this case, if petitioner wishes to reopen this as a new habeas case, he shall so notify the Court, in writing addressed to the Clerk of the Court, Martin Luther King Jr. Federal Building and U.S. Courthouse, 50 Walnut Street, Newark, New Jersey, 07101l. Petitioner's writing shall include either the $5.00 filing fee or a complete application to proceed in forma pauperis. The Clerk shall serve upon petitioner by regular U.S. mail (1) a copy of this Memorandum and Order and (2) a blank form Application to Proceed in District Court Without Prepaying Fees or Costs. AO 239 (Rev. 0 1/15); etc. Signed by Judge Kevin McNulty on 11/14/17. (sr, )(N/M)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

NOAH JIN ZHE.
Civil No. 17-10621 (KM)
Petitioner,
MEMORANDUM AND ORDER

V.

CHARLES GREEN,
Respondent.

Petitioner pro se, Noah Jin Zhe, an immigration detainee currently held at the Essex
County Correctional Facility in Newark, New Jersey, seemingly seeks to bring a habeas petition
pursuant to 28 U.S.C.

§ 2241. A habeas petition must include either a $5.00 filing fee or an

application to proceed infonnapauperis. 28 U.S.C.
2254 Cases, Rule 2, 28 U.S.C.A. foIl.

§ 1914(a), 1915(a); Rules Governing §

§ 2254 (applying to this case through Rules Governing §

2254 Cases, Rule 1(b)). Petitioner’s filing included neither. Thus, this case will be
administratively terminated. Petitioner shall be given an opportunity to reopen this action should
he so choose.
It is also possible, however, that this submission is just a copy of a filing in the ICE
appeals process, copied to the Court for informational purposes; if so, it might most
appropriately be filed on the docket of the petitioner’s previous habeas proceeding, 17-cv-7 182
(KM), which was dismissed without prejudice as premature. If that was petitioner’s intent, the
Court requests that he resend this document under cover of a letter that includes the proper
docket number.
Therefore, IT IS, this 14th day of November 2017,

ORDERED that the Clerk of the Court shall administratively terminate this case; and it is
further
ORDERED that, if petitioner wishes to reopen this as a new habeas case, he shall so
notify the Court, in writing addressed to the Clerk of the Court, Martin Luther King Jr. Federal
Building and U.S. Courthouse, 50 Walnut Street, Newark, New Jersey, 07101; petitioner’s
writing shall include either the $5.00 filing fee or a complete application to proceed infonna
pauperis; and it is further
ORDERED that, upon receipt of a writing from petitioner stating that he wishes to reopen
this case and either the $5.00 filing fee or a complete application to proceed infonnapauperis,
the Clerk of the Court will be directed to reopen this case; and it is finally
ORDERED that the Clerk shall serve upon petitioner by regular U.S. mail (1) a copy of
this Memorandum and Order and (2) a blank form Application to Proceed in District Court
Without Prepaying Fees or Costs. AO 239 (Rev. 0 1/15).

KEVIN MCNULTY
United States District Judge

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