MITCHELL v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY et al

Filing 2

MEMORANDUM ORDER that the Clerk shall administratively terminate this case. The Clerk of the Court shall forward Petitioner a blank form Application to Proceed In Forma Pauperis in a Habeas Corpus Case. If Petitioner wishes to reopen the case, he shall notify the Court within 30 days of the date of entry of this Order. The Clerk of the Court shall serve a copy of this Order upon Petitioner by regular U.S. mail. Signed by Judge Brian R. Martinotti on 11/30/2017. (mps)

UNITED STATES DISTRICT COURT
FOR THR DISTRICT OF NEW JERSEY
FRANCIS MITCHELL,

Civil Action No. 17-12069-BRM

Petitioner,
v.

MEMORANDUM ORDER

THE ATTORNEY GENERAL OF THE
STATE OF NEW JERSEY, et al.,
Respondents.

THIS MATTER is opened to the Court upon the filing of a petition for a writ of habeas
corpus (ECF No. 1) by Petitioner Francis Mitchell (“Petitioner”), a convicted state prisoner
confined in East Jersey State Prison in Rahway, New Jersey, brought pursuant to 28 U.S.C. § 2254.
For the reasons set forth below, Plaintiff’s habeas petition shall be ADMNISTRATIVELY
TERMINATED as Petitioner has neither paid the appropriate filing fee nor filed a complete
application to proceed in forma pauperis sufficient to enable him to proceed without prepayment
of that fee.
Pursuant to Local Civil Rule 54.3(a), a Petitioner may not proceed in this Court until he
has paid the appropriate filing fee, which, for a petition for a writ of habeas corpus, is $5.00.
Petitioner has not paid the $5.00 filing fee required for this matter. (See ECF Docket Report.) As
Petitioner has failed to either pay the filing fee or file a complete application to proceed in forma
pauperis pursuant to Local Civil Rule 81.2(b), his petition must be administratively terminated
until such time as he either pays the $5.00 fee or submits a complete application to proceed in
forma pauperis in accordance with Rule 81.2(b). Accordingly,
IT IS on this 30th day of November 2017,

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ORDERED that the Clerk of the Court shall administratively terminate this case, without
filing the complaint or assessing a filing fee; 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 Jenkins v.
Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (2013) (describing prisoner mailbox rule
generally); Dasilva v. Sheriff's Dept., 413 F. App’x 498, 502 (3rd Cir. 2011) (“[The] statute of
limitations is met when a complaint is submitted to the clerk before the statute runs . . . .”); and it
is further
ORDERED that the Clerk of the Court shall forward Petitioner a blank form Application
to Proceed In Forma Pauperis in a Habeas Corpus Case, for use by a prisoner; 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, Trenton, NJ 08608, within 30 days of the date of entry of this Order; Plaintiff’s
writing shall include either a complete in forma pauperis application or the $5.00 filing fee; and it
is further
ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen
this case, accompanied by either a complete in forma pauperis application or the filing fee, 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 Order upon Petitioner by
regular U.S. mail.

/s/Brian R. Martinotti__________
HON. BRIAN R. MARTINOTTI
UNITED STATES DISTRICT JUDGE

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