WOOD v. MONMOUTH COUNTY et al

Filing 3

MEMORANDUM AND ORDER that Petitioner's application to proceed in forma pauperis is granted. The Clerk shall change the cause of action of the suit to "28:2254 Petition for Writ of Habeas Corpus (State)" and the nature of suit to " 530 Habeas Corpus (General)." The Petition shall be filed. The Clerk shall administratively terminate this case. The Clerk of the Court shall forward Petitioner a blank Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus A0241. If Petitioner wishes to reopen this case he shall notify the Court within 30 days of the date of entry of this Memorandum and Order. The Clerk shall serve a copy of this Memorandum and Order upon Petitioner by regular mail. Signed by Judge Peter G. Sheridan on 4/17/2017. (mps)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

MICHAEL ALEXANDER WOOD,
Civil Action No. 16-5347 (PGS)
Petitioner,
v.

:

MEMORANDUM AND ORDER

MONMOUTH COUNTY, et a!.,
Respondents.

This matter comes before the Court on a Complaint filed by Michael Alexander Wood,
seeking to invalidate a prior criminal conviction by the State of New Jersey, the sentence for which
Wood has already served. In the Complaint, Wood does not seek monetary damages. As such,
the Complaint is more properly construed as a petition for writ of habeas corpus under 28 U.S.C.

§

2254. Also before the Court is Wood’s informapauperis application, ECF No. 1-1, which the

Court grants here.
However, 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 § 2254 petitions,
i.e., A0241 (modified): DNJ-Habeas-008 (Rev. Ol-2014)——the form used by Petitioner does not
include a declaration that the Petition contains all the grounds for relief that Petitioner is raising,
and that he understands the failure to set forth all grounds may bar him from presenting additional
grounds at a later date.

IT IS therefore on this

(1

day of

,

20l,

ORDERED that Petitioner’s application to proceed in Jörma pauperis is hereby
GRANTED; it is further
ORDERED that the Clerk shall change the cause of action of the suit to “28:2254 Petition

for Writ of Habeas Corpus (State)” and the nature of suit to “530 Habeas Corpus (General)”; it is
further
ORDERED that the Petition shall be filed; it is further
ORDERED that the Clerk 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 Ltfe & Ace. Ins. Co., 731 F.3d 265, 275 (3d Cir. 2013)
(distinguishing administrative terminations from dismissals); Jenkins v. Superintendent ofLaurel
Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 2013) (describing prisoner mailbox rule generally);
Dasilva v. Shertffs 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[.j”); it is further
ORDERED that the Clerk of the Court shall forward Petitioner a blank Petition Under 28
U.S.C.

§ 2254 for a Writ of Habeas Corpus

—

A0241 (modified): DNJ-Habeas-008 (Rev. 01-

2014); it is further
ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, in a
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; and it is further

2

ORDERED that the Clerk shall serve a copy of this Memorandum and Order upon

Petitioner by regular mail.

Peter G. Sheridan, U.S.D.J.

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