United States District Court, D. New Jersey
B. SIMANDLE U.S. DISTRICT JUDGE
the Court is Petitioner Michael Hayes' amended petition
for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Docket Entry 4.
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.
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
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
Court denied the in forma pauperis application and
administratively terminated the amended petition.
Clerk reopened the matter for the Court's consideration
on April 2, 2018 after Petitioner paid the filing fee.
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 ...