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Cornelius v. D'Ilio

United States District Court, D. New Jersey

May 6, 2014

DANIEL CORNELIUS, Petitioner,
v.
STEPHEN D'ILIO, et al., Respondents.

MEMORANDUM AND ORDER

JEROME B. SIMANDLE, Chief District Judge.

Pro se Petitioner Daniel Cornelius, a prisoner confined at the New Jersey State Prison, seeks to bring a habeas petition pursuant to 28 U.S.C. ยง 2254. Local Civil Rule 81.2 provides:

Unless 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). As of March 3, 2014, a new form has been supplied by the Clerk of the Court. Petitioner declares that he placed his petition into the prison mail system on March 5, 2014 (Petition, p. 43). Petitioner did not use the habeas form supplied by the Clerk for section 2254 petitions, i.e., A0241 (modified).

THEREFORE, it is on this 2nd day of May, 2014;

ORDERED that the Clerk of the Court shall administratively terminate this case; Petitioner is infonned 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. Sheriffs Dept., 413 F.App'x 498, 502 (3rd Cir. 2011) (per curiam) ("[The] statute of limitations is met when a complaint is submitted to the clerk before the statute runs...."); and it is further

ORDERED that the Clerk of the Court shall forward Petitioner a blank habeas petition form-AO 241 (moditied):DNJ-Habeas-008 (Rev.01-2014); and it is further

ORDERED that the Clerk's service of the blank habeas petition form shall not be construed as this Court's finding that the original petition is or is not timely, or that Petitioner's claims are or are not duly exhausted; 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, Mitchell H. Cohen Building and U.S. Courthouse, Fourth and Cooper Streets, Camden, New Jersey, 08101, within 30 days of the date of entry of this Memorandum and Order; Petitioner's writing shall include a complete, signed habeas petition on the appropriate foim; and it is further

ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen this case, and a complete, signed petition, 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 Petitioner by regular U.S. mail.


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