Opinion
CIV. ACTION NO. 15-5741(RMB)
08-06-2015
James L. Roudabush, Jr. Plaintiff, v. Unknown "SIS" Federal Agents, et al., Defendants.
MEMORANDUM AND ORDER
RENÉE MARIE BUMB, U.S. District Judge I. BACKGROUND
Plaintiff, a prisoner confined at FCI Fort Dix, submitted a civil rights complaint and an IFP application to this Court on July 23, 2015. (ECF Nos. 1, and 1-1.)" The heading on both documents, however, is "United States District Court, District of Columbia" (Id.)
IT IS therefore, on this 6th day of August 2015 ,
ORDERED that the Clerk of the Court shall administratively terminate this case, without filing the complaint or assessing a filing fee; Plaintiff 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") (citations omitted); and it is further
ORDERED that if Plaintiff wishes to reopen this case, he shall so notify the Court in writing addressed to the Clerk of the Court, [Mitchell H. Cohen Building & U.S. Courthouse, 4th & Cooper Streets, Camden, NJ 08101], within 30 days of the date of entry of this Order; Plaintiff's writing shall include a statement indicating that he intended to file his Complaint in the United States District Court, District of New Jersey; and it is further
ORDERED that upon receipt of a writing from Plaintiff stating that he intended to file his Complaint in the District of New Jersey, 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 Memorandum and Order upon Plaintiff by regular U.S. mail.
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE