ABARCA v. D'ILIO et al

Filing 2

MEMORANDUM and ORDER Administratively terminating this case; Ordering 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;. Signed by Judge Michael A. Shipp on 9/10/2014. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

NELSON ABARCA,
Civil Action No. 14-5158 (MAS)
Petitioner,

MEMORANDUM AND ORDER

v.
STEPHEN D'ILIO, et al.,
Respondents.

Prose Petitioner Nelson Abarca, 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).
THEREFORE, it is on this tofiday of September, 2014;
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.

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Sheriff's 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.Ol-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 ofthe 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 serve a copy of this Memorandum Order
upon Petitioner by regular U.S. mail.

MICHAEL A. SHIPP
United States District Judge

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