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Soto v. Behot

United States District Court, D. New Jersey

July 16, 2015

SOTO, et al., Plaintiffs,
v.
BEHOT, et al., Defendants.

MEMORANDUM OPINION AND ORDER

ANNE E. THOMPSON, District Judge.

The Court is in receipt of a letter from Plaintiff Maritza Soto, a convicted and sentenced state prisoner at Edna Mahan Correctional Facility ("EMCF"), dated May 27, 2015. (Docket Entry 6).

1. This action was voluntarily dismissed by Plaintiffs on December 28, 1998. (Docket Entry 4).

2. No documents were received by this Court from Plaintiff until the submission of her letter dated May 27, 2015. (Docket Entry 6).

3. Plaintiff's letter appears to challenge a sentence imposed by the State of New Jersey.

4. Challenges to state sentences and convictions may only be brought as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.

5. The Court interprets Plaintiff's letter as an attempt to file a petition for writ of habeas corpus pursuant § 2254.

6. The Clerk of the Court shall be directed to open a new § 2254 matter, assigning a new docket number, naming Maritza Soto as the Petitioner. The letter, entered in this matter as Docket Entry 6, shall be entered as the first entry under that new number.

7. 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). Plaintiff did not use the habeas form supplied by the Clerk for section 2254 petitioners, i.e., AO241 (modified).

8. Plaintiff also did not submit the $5.00 filing fee or an application to proceed in forma pauperis.

9. The Clerk of the Court shall be directed to provide Plaintiff with a blank AO241 (modified) form and a blank application to proceed in forma pauperis.

10. Should Plaintiff wish to pursue her habeas petition before this Court, she shall return the § 2254 form and either the filing fee or in forma pauperis application to the Clerk of ...


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