# BROWN v. ORTIZ

> District Court, D. New Jersey · May 1, 2020

URL: https://www.frixlaw.com/law-library/cases/10268103

## Case

- **Court:** District Court, D. New Jersey
- **Decided:** May 1, 2020
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10268103

## Opinion text

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
SHAWN LAVON BROWN, :
:
Petitioner, : Civ. No. 20-5323 (NLH)
:
v. : OPINION
:
:
DAVID ORTIZ, et al., :
:
Respondents. :
______________________________:

APPEARANCE:

Shawn Lavon Brown
63717-019
FCI Fort Dix
Inmate Mail/Parcels
EAST: P.O. BOX 2000
Fort Dix, NJ 08640
Petitioner Pro se

HILLMAN, District Judge
Petitioner Shawn Lavon Brown seeks to bring a petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2241. See ECF No.
1.
The filing fee for a petition for writ of habeas corpus is
$5.00. Pursuant to Local Civil Rule 54.3(a), the filing fee is
required to be paid at the time the petition is presented for
filing. Pursuant to Local Civil Rule 81.2(b), whenever a
prisoner submits a petition for writ of habeas corpus and seeks
to proceed in forma pauperis, that petitioner must submit (a) an
affidavit setting forth information which establishes that the
petitioner is unable to pay the fees and costs of the
proceedings, and (b) a certification signed by an authorized
officer of the institution certifying (1) the amount presently

on deposit in the prisoner’s prison account and, (2) the
greatest amount on deposit in the prisoner’s institutional
account during the six-month period prior to the date of the
certification. If the institutional account of the petitioner
exceeds $200, the petitioner shall not be considered eligible to
proceed in forma pauperis. L. Civ. R. 81.2(c).
Here, Petitioner has failed to include either the $5 filing
fee or a complete application to proceed in forma pauperis. He
must submit either the $5 filing fee or a complete application
to proceed in forma pauperis for his habeas petition to be
considered.
For the reason set forth above, the Clerk of Court will be

ordered to administratively terminate this Petition without
prejudice.1 The Clerk will be instructed to reopen this matter

1 Such an administrative termination is not a “dismissal” for
purposes of the statute of limitations, and if the case is re-
opened pursuant to the terms of the accompanying Order, it is
not subject to the statute of limitations time bar if it was
originally submitted timely. See Houston v. Lack, 487 U.S. 266
(1988) (prisoner mailbox rule); Papotto v. Hartford Life & Acc.
Ins. Co., 731 F.3d 265, 275-76 (3d Cir. 2013) (collecting cases
and explaining that a District Court retains jurisdiction over,
and can re-open, administratively closed cases).
once Petitioner submits the filing fee or a complete in forma
pauperis application. An appropriate Order will be entered.

Dated: May 1, 2020 s/ Noel L. Hillman
At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10268103. Public record. Not legal advice.