JIMENEZ v. STATE OF NEW JERSEY et al

Filing 2

MEMORANDUM ORDER that the Clerk administratively terminate this case; directing the Clerk to mail Petitioner certain forms; that if Petitioner wishes to reopen case he shall do so, in writing, within 30 days of the date of entry. Signed by Judge Michael A. Shipp on 2/19/2016. (mmh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JASON JIMENEZ,
Civil Action No. 16-0826 (MAS)
Petitioner,
MEMORANDUM AND ORDER

v.
STATE OF NEW JERSEY, et al.,
Respondents.

Pro se Petitioner Jason Jimenez, a prisoner confined at the South Woods State Prison in
Bridgeton, 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. 8 l .2(a). Petitioner did not sign the Petition, nor did he sign the 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 informa 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 ooder L.Civ.R. 81.2(b).

ITISthereforeonthis

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dayof

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,2016;

ORDERED that the Clerk shall administrative:=i:his case; Petitioner is informed
that administrative termination is not a "dismissal" for purposes of the statute of limitations, and
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th~t ifthe' case is reopened, it is not subject to the statute oflimitations time bar ifit was originally
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filed timely, see. Papotto v. Hartford Life & Acc. Ins. Co., 731 F.3d 265, 275 (3d Cir. 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 supply to Petitioner a blank form Application
to~Proceed

In Forma Pauperis in a Habeas Corpus Case (DNJ-PRO-SE-007-B.pdt), 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
thls Memoritnd~ 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'tocaf Civil Rule 8 l .2(b), or (2) the $5 filing fee; and it is further
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ORDERED that the Clerk shall serve a copy of this Memorandum and Order upon
Petitioner by regular U.S. mail.

Mictf.ti;p#

United States District Judge

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