HEARD v. D'ILIO et al

Filing 2

MEMORANDUM AND ORDER administratively terminating case; that the Clerk shall forward Petitioner a blank habeas petition form; that the Clerk shall supply to Petitioner a blank Application to Proceed In Forma Pauperis in a Habeas Corpus Case; t hat, 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 and either a complete in forma pauperis application or the requisite $5.00 filing fee. Signed by Judge Michael A. Shipp on 9/10/2014. (gxh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

TIMOTHY J. HEARD, JR.,
Civil Action No. 14-5014 (MAS)
Petitioner,

v.

MEMORANDUM AND ORDER

STEPHEN D'ILIO, et al.,
Respondents.

Pro se Petitioner Timothy J. Heard, Jr., 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.
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).
In addition, Petitioner submitted his § 2254 habeas petition without an application to
proceed in forma pauperis ("IFP") or the requisite $5.00 filing fee as required under 28 U.S.C. §
1914(a). To proceed as an indigent in this matter, Petitioner must file an IFP application that
includes his prison account statement for the past six months, as well as an account certification
from an authorized official at New Jersey State Prison, pursuant to Local Civil Rule 81.2(b).
THEREFORE, it is on this _1_Q_iJay of September, 20 14;

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ORDERED that the Clerk of the Court shall administratively terminate this case at this
time; 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, 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 the Clerk of the Court shall supply to Petitioner a blank form
Application to Proceed In Forma Pauperis in a Habeas Corpus Case (DNJ-PRO-SE-007-B.pdf),
for use by a prisoner; and it is further
ORDERED that Petitioner also shall be given 30 days from the date of entry of this Order
to remit either the requisite $5.00 filing fee for habeas petitions, pursuant to Local Civil Rule

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54.3, or a complete in forma pauperis application, including a certification of Petitioner's
institutional account, as required by Local Civil Rule 81.2(b); and it is further
ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen
this case, with a complete, signed habeas petition on the appropriate form, and either a complete

in forma pauperis application or the requisite $5.00 filing fee, 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 Order
upon Petitioner by regular U.S. mail.

MICHAEL A.
IPP
United States District Judge

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