NYEMA v. STATE OF NEW JERSEY

Filing 15

OPINION filed. Signed by Judge Mary L. Cooper on 11/13/2012. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JOSEPHUS T. Y. NYEMA, SR.,

CIVIL ACTION NO. 09-69 (MLC)
O P I N I O N

Petitioner,
v.
STATE OF NEW JERSEY,
Respondent.

THE PETITIONER, Josephus T. Y. Nyema, Sr., earlier filed a
petition seeking habeas corpus relief, which the Court treated as
filed pursuant to 28 U.S.C. § 2254.
dkt. entry no. 5, 8-3-09 Op.)

(See dkt. entry no. 1, Pet.;

The Court reviewed the Petition,

determined that Nyema was not “in custody” when the Petition was
filed, and dismissed the Petition for lack of jurisdiction.

(See

dkt. entry no. 6, 8-3-09 Order & J.; see also 8-3-09 Op. at 3-5.)
The Court did not issue a certificate of appealability.

(See

8-3-09 Op. at 5-6.)
NYEMA nonetheless filed a notice of appeal with the United
States Court of Appeals for the Third Circuit on November 28, 2011,
more than two years after the dismissal of the Petition.
entry no. 8, Not. of Appeal.)

The Court of Appeals dismissed the

appeal for lack of jurisdiction.
USCA.)

(See dkt.

(See dkt. entry no. 12, Order of

NYEMA now moves before this Court to reopen the action.
entry no. 14, Mot.)

(Dkt.

The Court will now resolve the Motion on the

papers and without oral argument.

See L.Civ.R. 78.1(b).

THE COURT earlier noted and explained why the Court lacked
jurisdiction over the Petition.

(See 8-3-09 Op. at 3-5.)

The

circumstances attendant to the Petition have not changed.

The

Court will not reopen the action because the Court, if confronted
with the Petition anew, would still lack jurisdiction over it.
THE COURT, for good cause appearing, will issue an Order
denying the Motion.

s/ Mary L. Cooper
.
MARY L. COOPER
United States District Judge
Date:

November 13, 2012

2