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Samuels v. Knight

United States District Court, D. New Jersey
Jul 12, 2023
Civ. 23-3681 (RBK) (D.N.J. Jul. 12, 2023)

Opinion

Civ. 23-3681 (RBK)

07-12-2023

MILTON SAMUELS, Petitioner, v. WARDEN STEVIE KNIGHT, Respondent.


MEMORANDUM & ORDER

ROBERT B. KUGLER United States District Judge.

Petitioner is a federal prisoner incarcerated at F.C.I. Fort Dix in Fort Dix, New Jersey. Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. 2241.

The habeas petition did not include an application to proceed in forma pauperis nor di include a prepaid $5.00 filing fee. Therefore, this case is administratively terminated. See L. C R. 54.3(a). Petitioner shall have the opportunity to reopen this action should he so choose.

Accordingly, IT IS on this 12th day of July, 2023, ORDERED that the Clerk shall administratively terminate this case; Petitioner is informed that administrative termination is not a “dismissal” for purposes of a statute of limitations, and that if the case is reopened, it is not subject to a statute of limitations time bar it was originally filed timely, see Papotto v. Hartford Life & Acc. Ins. Co., 731 F.3d 265, 275 Cir. 2013) (distinguishing administrative terminations from dismissals); and it is further

ORDERED if Petitioner wishes to reopen this case, he shall so notify this Court in writing within thirty (30) days of the date of entry of this memorandum and order; Petitioner' 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 will be directed to reopen this case; and it is further

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.


Summaries of

Samuels v. Knight

United States District Court, D. New Jersey
Jul 12, 2023
Civ. 23-3681 (RBK) (D.N.J. Jul. 12, 2023)
Case details for

Samuels v. Knight

Case Details

Full title:MILTON SAMUELS, Petitioner, v. WARDEN STEVIE KNIGHT, Respondent.

Court:United States District Court, D. New Jersey

Date published: Jul 12, 2023

Citations

Civ. 23-3681 (RBK) (D.N.J. Jul. 12, 2023)