GAMBLE v. JOHNSON et al
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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 15-8358 (MAS)
MEMORANDUM AND ORDER
STEPHEN JOHNSON, et al.,
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
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
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
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
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?