Opinion
3:20-cv-14747 (BRM)
06-21-2021
HAROLD E. DUFFUS, Petitioner, v. ATTORNEY GENERAL OF STATE OF NEW JERSEY, Respondent.
MEMORANDUM ORDER
HON. BRIAN R. MARTINOTTI United States District Judge.
IT APPEARING THAT:
1. On October 21, 2020, pro se Petitioner, Harold E. Duffus, a state prisoner confined at the South Woods State Prison in Bridgeton, New Jersey, filed a habeas petition pursuant to 28 U.S.C. § 2254. (See ECF 1.)
2. On October 26, 2020, this Court administratively terminated this action as Petitioner failed to include the $5.00 filing fee, or, alternatively, Petitioner did not include a complete application to proceed in forma pauperis as his application failed to include the required affidavit of indigency. Petitioner also did not file his initial § 2254 habeas petition on the proper form. (ECF No. 2.)
3. On November 23, 2020, Petitioner filed another in forma pauperis application as well as another habeas petition. (See ECF 3 & 4.) On December 3, 2020, this Court denied Petitioner's application to proceed in forma pauperis as Petitioner's prison account exceeded $200.00 and Petitioner's habeas petition was still on the incorrect form. (See ECF 5.) This Court administratively terminated the action. (See id.)
4. On or about January 15, 2021, Petitioner submitted the required $5.00 filing fee and request for additional time to file his §2254 habeas petition on the proper form. (See ECF 7.) On January 25, 2021, the Court granted Petitioner thirty (30) days in which to submit a new § 2254 habeas petition on the proper form supplied by the Clerk. (ECF No. 8.)
5. On March 1, 2021, Petitioner requested an extension of time to submit a new § 2254 habeas petition. (ECF No. 9.) On March 4, 2021, the Court provided Petitioner an additional thirty (30) days to file his § 2254 habeas petition. (ECF No. 10.)
6. Petitioner has failed to file a § 2254 habeas petition on the proper forms.
Accordingly, IT IS on this 21st day of June 2021, ORDERED Petitioner has a final thirty (30) days from the date of this order to file a signed copy of his § 2254 habeas petition on the proper form; it is further
ORDERED if Petitioner fails to submit his § 2254 habeas petition on the proper form this matter will be dismissed without prejudice; it is further
ORDERED the Clerk shall serve upon Petitioner by regular U.S. mail: (1) a copy of this memorandum and order; (2) a blank § 2254 habeas petition form-AO 241(modified): DNJ-Habeas-008 (Rev.01-2014).
ORDERED the Clerk shall ADMINISTRATIVELY TERMINATE this matter.