The opinion
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
______________________________
:
SHAWN BROWN, :
:
Petitioner, : Civ. No. 20-5978 (NLH)
:
v. : OPINION
:
:
WARDEN DAVID ORTIZ, :
:
Respondent. :
______________________________:
APPEARANCE:
Shawn Brown, No. 63717-019
FCI Fort Dix
P.O. BOX 2000
Joint Base MDL, 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 without
prepayment of fees or security. See ECF No. 1 (petition).
Filing Fee
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 either include the $5 filing
fee or an application to proceed in forma pauperis. Petitioner
must either submit the $5 filing fee or a complete application
to proceed in forma pauperis for his habeas petition to be
considered.
Conclusion
For the reason set forth above, the Clerk of Court will be
ordered to administratively terminate this Petition without
prejudice.1 Petitioner will be granted leave to apply to re-open
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
within thirty (30) days, by paying the filing fee of $5.00 or
submitted a complete in forma pauperis application. An
appropriate Order will be entered.
Dated: May 19, 2020 s/ Noel L. Hillman
At Camden, New Jersey NOEL L. HILLMAN, U.S.D.J.
and explaining that a District Court retains jurisdiction over,
and can re-open, administratively closed cases).