Coplin v. Zickefoose

Full title: JEFFREY COPLIN, Petitioner, v. DONNA ZICKEFOOSE, Respondent. JEFFREY…

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Jun 15, 2015

Civ. No. 15-1674 (RBK) (D.N.J. Jun. 15, 2015)

Opinion

Civ. No. 15-1674 (RBK) Civ. No. 13-6923 (RBK) (AMD)

06-15-2015

JEFFREY COPLIN, Petitioner, v. DONNA ZICKEFOOSE, Respondent. JEFFREY COPLIN, Plaintiff, v. WARDEN JORDAN HOLLINGSWORTH, Defendant.

ROBERT B. KUGLER United States District Judge

MEMORANDUM AND ORDER

Petitioner/Plaintiff, Jeffrey Coplin, is a federal prisoner currently incarcerated at F.C.I. Fort Dix, in Fort Dix, New Jersey. In Civ. No. 15-1674, he is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. On March 25, 2015, this Court administratively terminated that habeas proceeding as Mr. Coplin's application to proceed in forma pauperis was incomplete. Subsequently, on May 14, 2015, Mr. Coplin paid the $5.00 filing fee for bringing a habeas action. Therefore, the Clerk will be ordered to reopen Civ. No. 15-1674. In accordance with Rule 4 of the Rules Governing Section 2254 Cases, applicable to § 2241 cases through Rule 1(b) of the Rules Governing Section 2254 Cases, Mr. Coplin's habeas petition is subject to screening. The Court will undertake the screening of Mr. Coplin's habeas petition in due course.

Mr. Coplin has also filed a letter Civ. No. 13-6923 on May 19, 2015. (See Civ. No. 13-6923 Dkt. No. 5.) In that case, Mr. Coplin had filed a civil rights complaint. The matter was administratively terminated as Mr. Coplin failed to pay the $400.00 filing fee for civil complaints or submit an application to proceed in forma pauperis. To date, Mr. Coplin has never paid the $400.00 filing fee nor submitted an application to proceed in forma pauperis in that civil rights action. Thus, that civil rights action will not be reopened. Nevertheless, while Mr. Coplin filed this letter in his administratively terminated civil rights action, it appears from the face of the letter that it relates to his habeas proceeding in Civ. No. 15-1674. Therefore, the Clerk will be ordered to file this letter also in Civ. No. 15-1674.

Accordingly, IT IS this 15^th day of June, 2015,

ORDERED that the Clerk shall reopen Civ. No. 15-1674 such that the habeas petition can be screened in due course; and it is further

ORDERED that the Clerk shall docket plaintiff's letter (Dkt. No. 5.) in Civ. No. 13-6923 also as a letter in Civ. No. 15-1674.

s/Robert B. Kugler

ROBERT B. KUGLER

United States District Judge