KRUPP v. NJ STATE PAROLE BOARD

Filing 2

MEMORANDUM and ORDER that Petitioner's application to proceed in forma pauperis is Granted; Ordering that the Clerk of Court shall terminate this case and if Petitioner wished to reopen this case he shall notify the Court in 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. Signed by Judge Peter G. Sheridan on 5/29/2014. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

OTTO KRUPP,
Civil Action No. 13-7777 (MAS)
Petitioner,

v.

MEMORANDUM AND ORDER

N.J. STATE PAROLE BOARD,
Respondent.

Pro se Petitioner Otto Krupp, 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. Petitioner
submitted an application to proceed in forma pauperis, and it appears that he qualifies for
indigent status. However, 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 section 2254
petitions, i.e., A0241 (modified).
THEREFORE, it is on this

:J>i{-1{ day ofMay, 2014;

ORDERED that Petitioner's application to proceed in forma pauperis is GRANTED; and
it is further
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
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time bar if it was originally filed timely, see Jenkins v. Superintendent of Laurel Highlands, 705
F.3d 80, 84 n.2 (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
complaint is submitted to the clerk before the statute runs .... "); and it is further
ORDERED that the Clerk of the Court shall forward Petitioner a blank habeas petition
form-AO 241 (modified):DNJ-Habeas-008(Rev.01-2014); and it is further
ORDERED that the Clerk's service 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, Clarkson S. Fisher Building & U.S. Courthouse, 402
East State Street, Room 2020, Trenton, New Jersey 08608, 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 upon receipt of a writing from Petitioner stating that he wishes to reopen
this case, and a complete, signed petition, 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 a copy of this Memorandum and Order
upon Petitioner by regular U.S. mail.

Ml~fftflll

United States District Judge

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