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Hayes v. Bonds

United States District Court, D. New Jersey

July 3, 2018

MICHAEL E HAYES, Petitioner,
v.
WILLIE BONDS, et al., Respondents.

          MEMORANDUM OPINION

          JEROME B. SIMANDLE U.S. DISTRICT JUDGE

         Before the Court is Petitioner Michael Hayes' amended petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Docket Entry 4.

         1. Petitioner, a state-sentenced inmate incarcerated at South Woods State Prison, filed an application for writ of habeas corpus under 28 U.S.C. § 2254, on December 20, 2017. Petition, Docket Entry 1.

         2. By Order dated January 3, 2018, this Court administratively terminated the petition for failure to use the form provided by the Clerk for § 2254 petitions. Order, Docket Entry 2.

         3. Petitioner submitted an amended petition for habeas corpus, which was inadvertently given a new civil action number. The Court ordered the Clerk's Office to reopen this matter to preserve Petitioner's original filing date and to docket the amended petition as a new docket entry. January 24, 2018 Order, Docket Entry 3. The inadvertently-opened civil action was closed.

         4. The Court denied the in forma pauperis application and administratively terminated the amended petition.

         5. The Clerk reopened the matter for the Court's consideration on April 2, 2018 after Petitioner paid the filing fee.

         6. 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).

         7. 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.

         8. Habeas Rule 2 ...


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