Opinion
Civil No. 20-1312 (PGS)
03-02-2020
JAMES RUSSELL, Petitioner, v. STEPHEN JOHNSON, et al., Respondents.
MEMORANDUM AND ORDER
Petitioner has filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition did not include an application to proceed in forma pauperis nor did it include a prepaid $5.00 filing fee. Thus, this case will be administratively closed. Petitioner shall be given an opportunity to reopen this action should he so choose.
Therefore, IT IS this 2 day of March, 2020,
ORDERED that the Clerk of the Court shall administratively terminate this case; 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 Papotto v. Hartford Life & Acc. Ins. Co., 731 F.3d 265, 275 (3d Cir. 2013) (distinguishing administrative terminations from dismissals); Jenkins v. Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 2013) (describing prisoner mailbox rule generally); 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 E. State Street, Trenton, NJ 08608, within thirty (30) days of the date of entry of this memorandum and order; petitioner's writing shall include either the $5.00 filing fee or a complete application to proceed in forma pauperis; and it is further
ORDERED that upon receipt of a writing from petitioner stating that he wishes to reopen this case and either the $5.00 filing fee or a complete application to proceed in forma pauperis, the Clerk of the Court will be directed to reopen this case; and it is finally
ORDERED that the Clerk shall serve upon petitioner by regular U.S. mail: (1) a copy of this memorandum and order; and (2) a blank form application to proceed in forma pauperis by a prisoner in a habeas corpus case.
/s/_________
PETER G. SHERIDAN
United States District Judge