Opinion
Civ. No. 20-1847 (NLH)
03-09-2020
BRIAN WILLIAM SCHUMAKER, Petitioner, v. DAVID E. ORTIZ, Respondent.
APPEARANCE: Brian William Schumaker 59309-019 FCI Fort Dix Inmate Mail/Parcels EAST: P.O. BOX 2000 Fort Dix, NJ 08640 Petitioner Pro se
OPINION APPEARANCE: Brian William Schumaker
59309-019
FCI Fort Dix
Inmate Mail/Parcels
EAST: P.O. BOX 2000
Fort Dix, NJ 08640
Petitioner Pro se HILLMAN, District Judge
Petitioner Brian William Schumaker seeks to bring a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. See ECF No. 1 (petition).
Under the local rules, "[u]nless prepared by counsel, petitions to this Court for a writ of habeas corpus . . . shall be in writing (legibly handwritten in ink or typewritten), signed by the petitioner or movant, on forms supplied by the Clerk." L. Civ. R. 81.2(a). Petitioner did not submit his habeas petition on the Clerk's form.
For the reason set forth above, the Clerk of Court will be ordered to administratively terminate this Petition without prejudice. The Clerk will be instructed to reopen this matter once Petitioner submits the appropriate Clerk's form. An appropriate Order will be entered. Dated: March 9, 2020
At Camden, New Jersey
Such an administrative termination is not a "dismissal" for purposes of the statute of limitations, and if the case is re-opened pursuant to the terms of the accompanying Order, it is not subject to the statute of limitations time bar if it was originally submitted timely. See Houston v. Lack, 487 U.S. 266 (1988) (prisoner mailbox rule); Papotto v. Hartford Life & Acc. Ins. Co., 731 F.3d 265, 275-76 (3d Cir. 2013) (collecting cases and explaining that a District Court retains jurisdiction over, and can re-open, administratively closed cases). --------
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.