DO NOT FILE IN THIS CASE TRANSFERRED TO TRENTON - NEW CIVIL ACTION NO. 3:22-cv-00859

D. New Jersey

DO NOT FILE IN THIS CASE TRANSFERRED TO TRENTON - NEW CIVIL ACTION NO. 3:22-cv-00859

DecidedMarch 2, 2022

Docket1:22-cv-00859

StatusUnknown

This text of DO NOT FILE IN THIS CASE TRANSFERRED TO TRENTON - NEW CIVIL ACTION NO. 3:22-cv-00859 (DO NOT FILE IN THIS CASE TRANSFERRED TO TRENTON - NEW CIVIL ACTION NO. 3:22-cv-00859) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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DO NOT FILE IN THIS CASE TRANSFERRED TO TRENTON - NEW CIVIL ACTION NO. 3:22-cv-00859, (D.N.J. 2022).

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ ALBERTO RIVERA, : : Petitioner, : Civ. No. 22-859 (RBK) : v. : : LAMINE N’DIAYE, : MEMORANDUM & ORDER : Respondent. : ______________________________:

Pro se Petitioner, Alberto Rivera, is a federal prisoner confined at F.C.I. Fort Dix in Fort Dix, New Jersey. Petitioner is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The habeas petition did not include an application to proceed in forma pauperis nor did it include a prepaid $5.00 filing fee. Therefore, this case is administratively terminated. See L. Civ. R. 54.3(a). Petitioner shall have the opportunity to reopen this action should he so choose. Accordingly, IT IS on this 1st day of March, 2022, ORDERED that the Clerk shall administratively terminate this case; Petitioner is informed that administrative termination is not a “dismissal” for purposes of a statute of limitations, and that if the case is reopened, it is not subject to a statute of limitations time bar if it was originally filed timely, see Papotto v. Hartford Life & Acc. Ins. Co., 731 F.3d 265, 275 (3d Cir. 2013) (distinguishing administrative terminations from dismissals); and it is further ORDERED if Petitioner wishes to reopen this case, he shall so notify this Court in writing within thirty (30) days of the date of entry of this memorandum and order; Petitioner’s writing shall include either the $5.00 filing fee or a complete application to proceed in forma pauperis; and it is further ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen this case and either the $5.00 filing fee or a complete application to proceed in forma pauperis, the Clerk will be directed to reopen this case; and it is finally ORDERED that the Clerk shall serve upon Petitioner by regular U.S. mail: (1) a copy of this memorandum and order; and (2) a blank form application to proceed in forma pauperis by a

prisoner in a habeas corpus case.

s/ Robert B. Kugler ROBERT B. KUGLER United States District Judge

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ ALBERTO RIVERA, : : Petitioner, : Civ. No. 22-859 (RBK) : v. : : LAMINE N’DIAYE, : MEMORANDUM & ORDER : Respondent. : ______________________________:

Pro se Petitioner, Alberto Rivera, is a federal prisoner confined at F.C.I. Fort Dix in Fort Dix, New Jersey. Petitioner is proceeding with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. The habeas petition did not include an application to proceed in forma pauperis nor did it include a prepaid $5.00 filing fee. Therefore, this case is administratively terminated. See L. Civ. R. 54.3(a). Petitioner shall have the opportunity to reopen this action should he so choose. Accordingly, IT IS on this 1st day of March, 2022, ORDERED that the Clerk shall administratively terminate this case; Petitioner is informed that administrative termination is not a “dismissal” for purposes of a statute of limitations, and that if the case is reopened, it is not subject to a statute of limitations time bar if it was originally filed timely, see Papotto v. Hartford Life & Acc. Ins. Co., 731 F.3d 265, 275 (3d Cir. 2013) (distinguishing administrative terminations from dismissals); and it is further ORDERED if Petitioner wishes to reopen this case, he shall so notify this Court in writing within thirty (30) days of the date of entry of this memorandum and order; Petitioner’s writing shall include either the $5.00 filing fee or a complete application to proceed in forma pauperis; and it is further ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen this case and either the $5.00 filing fee or a complete application to proceed in forma pauperis, the Clerk will be directed to reopen this case; and it is finally ORDERED that the Clerk shall serve upon Petitioner by regular U.S. mail: (1) a copy of this memorandum and order; and (2) a blank form application to proceed in forma pauperis by a

prisoner in a habeas corpus case.

s/ Robert B. Kugler ROBERT B. KUGLER United States District Judge

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