Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Britton v. Lanigan

United States District Court, D. New Jersey

September 27, 2017

LONNIE BRITTON, Petitioner,
v.
GARY LANIGAN, et al., Respondents.

          MEMORANDUM OPINION

          JEROME B. SIMANDLE U.S. District Judge

         Before the Court is Petitioner Lonnie Britton's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Docket Entry 3. Based on Petitioner's affidavit of indigency, the Court will grant his in forma pauperis application. See Docket Entry 1-9.

         1. Petitioner, a state-sentenced inmate incarcerated at South Woods State Prison, submitted over 500 pages spanning 5 envelopes for a civil rights complaint. See Britton v. City of Atlantic, No. 17-1986 (D.N.J. filed April 4, 2017). As portions of the received documents indicated he wished to file a “protective petition” under Pace v. DiGuglielmo, 544 U.S. 408 (2005), the Court ordered the Clerk's Office to create a separate proceeding to consider under § 2254.

         2. The Court thereafter administratively terminated the petition and directed Petitioner to submit his § 2254 claims on the form provided by the Clerk. June 6, 2017 Order, Docket Entry 3.

         3. Petitioner submitted the form and the Court reopened the matter for review.

         4. Section 2254(a) of Title 28 provides in relevant part:

(a) [A] district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.

28 U.S.C. § 2254(a).

         5. Habeas Rule 4 requires the assigned judge to sua sponte dismiss a habeas petition or application without ordering a responsive pleading under certain circumstances:

The clerk must promptly forward the petition to a judge under the court's assignment procedure, and the judge must promptly examine it. If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner...

28 U.S.C. § 2254 Rule 4.

         6. Habeas Rule 2 provides in relevant part: (c) Form. The petition must:

(1) specify all the grounds for relief available to the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.