United States District Court, D. New Jersey
B. SIMANDLE U.S. District Judge
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.
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.
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
Petitioner submitted the form and the Court reopened the
matter for review.
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).
Habeas Rule 4 requires the assigned judge to sua
sponte dismiss a habeas petition or application
without ordering a responsive pleading under certain
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.
Habeas Rule 2 provides in relevant part: (c) Form. The
(1) specify all the grounds for relief available to the