GAMBLE v. JOHNSON et al

Filing 2

MEMORANDUM & ORDER Administratively terminating 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 Order; Petitioner's writing shall include a comp lete, signed habeas petition on the appropriate form, and either: (1) a complete in forma pauperis application, including a signed affidavit of indigence with a certification of Petitioner's institutional account, as required by Local Civil Rule 8 l.2(b ), or (2) the $5 filing fee. Signed by Judge Michael A. Shipp on 12/4/2015. (eaj)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHARLES GAMBLE, Civil Action No. 15-8358 (MAS) Petitioner, v. MEMORANDUM AND ORDER STEPHEN JOHNSON, et al., Respondents. Prose Petitioner Charles Gamble, a prisoner confined at a New Jersey prison in Trenton, New Jersey, seeks to file a petition for writ of habeas corpus 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 proper form; in particular, Petitioner did not use a form that includes a declaration indicating the Petition is full, complete, and contains all claims Petitioner wishes to assert. In addition, Petitioner neither prepaid the $5.00 filing fee for a habeas petition as required by Local Civil Rule 54.3(a), nor submitted a complete application to proceed in forma pauperis ("IFP") that contains an affidavit of indigence with a certification by an authorized official at his place of confinement certifying Petitioner's institutional account for the preceding six months, as required under L.Civ.R. 8 l .2(b). IT IS therefore on this 4#1._ day of ~ '2015; ORDERED that the Clerk of the Court shall administratively terminate this case; Petitioner is informed that administrative termination is not a "dismissal" for purposes of the 1 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 Papotto v. Hartford Life & Acc. Ins. Co., 731 F.3d 265, 275 (3d Ck 2013) (distinguishing administrative terminations from dismissals); Jenkins v. Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 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 [motion] is submitted to the clerk before the statute runs[.]"); it is further ORDERED that the Clerk of the Court shall forward Petitioner a blank habeas petition form-A0241 (modified): DNJ-Habeas-008 (Rev. 01-2014); it is further ORDERED that the Clerk's service of the blank habeas form shall not be construed as this Court's finding that the motion is or is not timely, or that Petitioner's claims are or are not procedurally defaulted; 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; it is further ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, in a 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 either: (1) a complete in forma pauperis application, including a · signed affidavit of indigence with a certification of Petitioner's institutional account, as required by Local Civil Rule 8 l .2(b), or (2) the $5 filing fee; and it is further 2 ORDERED that the Clerk of the Court shall serve a copy of this Memorandum and Order upon Petitioner by regular U.S. mail. Mi~ United States District Judge '. i 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?