HYMAN v. NOGAN et al

Filing 2

MEMORANDUM AND ORDER administratively terminating case; directing the Clerk to forward Petitioner a blank habeas petition form; that, if Petitioner wishes to reopen this case, he shall so notify the Court, in writing within 30 days of the date of ent ry of this Memorandum and Order, and shall include a complete, signed habeas petition on the appropriate form; directing the Clerk to serve a copy of this Memorandum and Order upon Petitioner by regular U.S. mail. Signed by Judge Joel A. Pisano on 5/15/2014. (gxh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JEROME HYMAN,
Petitioner,
v.
PATRICK NOGAN,
Respondent.

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Civil Action No. 14-2995 (JAP)

MEMORANDUM AND ORDER

Pro se Petitioner Jerome Hyman, a prisoner confined at East Jersey State Prison, 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). Petitioner did not use the habeas form supplied by the Clerk for section 2254
petitions, i.e., AO241 (modified).
THEREFORE, it is on this 15th day of May, 2014;
ORDERED that the Clerk of the Court shall administratively terminate this case, without
filing the complaint or assessing a filing fee; 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 Jenkins v. Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (2013) (describing
prisoner mailbox rule generally); Dasilva v. Sheriff's Dep’t., 413 F. App’x 498, 502 (3rd Cir.

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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 U.S. Courthouse and Federal
Bldg., 402 East State Street, 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.

/s/ Joel A. Pisano
JOEL A. PISANO
United States District Judge

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