GRANT v. BUECHELE et al
Filing
2
MEMORANDUM AND ORDER administratively terminating case; that the Clerk shall 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 entry of this Memorandum and Order and include a complete, signed habeas petition on the appropriate form; that, upon receipt of a writing from Petitioner stating that he wishes to reopen this case and a complete, signed petition, the Clerk will be directed to reopen this case. Signed by Judge Peter G. Sheridan on 6/12/2014. (gxh)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JEFFREY GRANT,
Civil Action No. 14-3423 (PGS)
Petitioner,
v.
:
MEMORANDUM AND ORDER
ROBERT BUECHELE, et al.,
Respondents.
IT APPEARING THAT:
Pro se Petitioner Jeffrey Grant, a prisoner confined at South Woods State Prison in
Bridgeton, New Jersey, 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. 8 1.2(a). Petitioner did not use the habeas form supplied by the Clerk for section 2254
petitions, i.e., AO 241 (modified):DNJ-Habeas-008(Rev.01-2014).
THEREFORE, it is on this
( day of
,
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. 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, Trenton, NJ 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.
Peter G. Sheridan, U.S.D.J.
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