Opinion
1:20-cv-5235 (NLH) (JS)
08-26-2020
ALLEN DUPREE GARRETT, Plaintiff, v. PHIL MURPHY, et al., Defendants.
APPEARANCES: Allen Dupree Garrett 4366289 Camden County Correctional Facility 330 Federal Street Camden, NJ 08103 Plaintiff Pro se
MEMORANDUM OPINION & ORDER
APPEARANCES: Allen Dupree Garrett
4366289
Camden County Correctional Facility
330 Federal Street
Camden, NJ 08103
Plaintiff Pro se HILLMAN , District Judge
WHEREAS, Plaintiff filed a complaint pursuant to 42 U.S.C. § 1983, against New Jersey Governor Phil Murphy and CCCF Captain Rebecca Franceschini for claims related to the coronavirus, see ECF No. 1. He also argued the state courts violated his speedy trial rights; and
WHEREAS, the Court dismissed Plaintiff's Fourteenth Amendment claims without prejudice for failure to state a claim, 28 U.S.C. § 1915(e)(2)(B)(ii), see ECF No. 15; and
WHEREAS, the Court informed Plaintiff that he had to raise his speedy trial claims in a petition for writ of habeas corpus under 28 U.S.C. § 2241, ECF No. 14 at 7-8; and
WHEREAS, on August 17, 2020, Plaintiff filed a document containing an application to proceed in forma pauperis and brief indicating he was moving "in pursuit of 28 U.S.C. § 2241" and citing the Court's Opinion, see ECF Nos. 17 & 18; and
WHEREAS, on August 21, 2020, Plaintiff filed a notice of appeal, see ECF No. 19; and
WHEREAS, the Court will direct the Clerk to create a new § 2241 proceeding from ECF Nos. 17 & 18. The Court will then close this matter as Plaintiff has appealed the Court's May 14, 2020 order,
THEREFORE, IT IS on this 26th day of August, 2020
ORDERED that the Clerk shall create a new civil action under 28 U.S.C. § 2241 and file ECF Nos. 17 & 18 in the new civil matter; and it is further
ORDERED that the Clerk shall file a copy of this order in the new civil action for informational purposes only; and it is finally
ORDERED that the Clerk shall send a copy of this order to Plaintiff by regular mail and mark this matter closed.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey