HILL v. D'ILIO et al

Filing 2

MEMORANDUM and ORDER that the Clerk of the Court shall ADMINISTRATIVELY TERMINATE this case, without filing the complaint or assessing a filing fee; that the Clerk of the Court forward Petitioner a blank habeas petition form - AO 241. Signed by Judge Peter G. Sheridan on 6/17/2014. (mmh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

ROBERT R. HILL,
Civil Action No. 14-3706 (PGS)
Petitioner,
v.

MEMORANDUM AND ORDER

STEPHEN D’ILIO, et al.,
Respondents.

IT APPEARING THAT:
1. Pro se Petitioner Robert R. Hill, a prisoner confined at New Jersey State Prison in
Trenton, 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
shall be in writing (legibly handwritten in ink or
habeas corpus
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.0 1-2014).
2. Petitioner also neither prepaid the $5.00 filing fee for a habeas petition as required by
Local Civil Rule 54.3(a), nor submitted an application to proceed informa pauperis.
THEREFORE, it is on this

I

1

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
fonn—AO 241 (modified):DNJ-Habeas-008(Rev.0l-2014) and a blank form Application to
Proceed In Forma Pauperis in a Habeas Corpus Case, for use by a prisoner; 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

either the $5 filing fee or a complete in /orma pauperis application; and it

is further
ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen
this case; a complete, signed petition; and either the $5 filing fee or complete informapauperis
application, 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.

vn

4
)Ag

Peter G. Sheridan, U.S.D.J.

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