ABARCA v. D'ILIO et al

Filing 4

MEMORANDUM and ORDER denying Petitioner's application to re-open this case; Ordering that if Petitioner wishes to reopen this case, he shall notify the Court in writing 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. Signed by Judge Michael A. Shipp on 2/5/2015. (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.

IT APPEARING THAT:
1. On or about August 19, 2014, Pro se Petitioner Nelson Abarca filed a petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.)
2. On September 10, 2014, this Court issued a Memorandum and Order administratively
terminating the case because Petitioner did not submit a complete, signed habeas petition on the
proper form (i.e., A0241 (modified)) as required under L.Civ.R. 81.2(a). (ECF No. 2.) The
Order allowed Petitioner the opportunity to re-open his case upon submission of the proper
habeas form. (Id.)
3. On September 30, 2014, Petitioner submitted an amended habeas petition but did not
sign the petition as required under L.Civ.R. 81.2(a).

See also Rule 2(c)(5) of the Rules·

Governing Section 2254 Cases in the United States District Courts ("§ 2254 Habeas Rules").··
Specifically, Petitioner did not sign and date the "amended petition" on page 17, where ·
indicated. (ECF No. 3.)
4. On October 1, 2014, Petitioner paid the $5.00 filing fee.

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THEREFORE, it is on this _,l...,,,,1_,,_day

of_+-'--~-·~-~,_t_.c:_t_'..tl_:·_t~_,,,+.I'-----' 2015;
;.

ORDERED that Petitioner's application to re-open this ase is DENIED WITHOUT
PREJUDICE; 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 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 (Petitioner may re-submit his amended petition with his
signature affixed where required); 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.

United States District Judge

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