UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

: KEITH L. WILLIAMS, : : Case No. 3:21-cv-8216 (BRM) Petitioner, : : v. : MEMORANDUM ORDER : JOHN POWELL, et al., : : Respondent. : :

Pro se Petitioner, Keith L. Williams, is a state prisoner confined at the South Woods State Prison in Bridgeton, New Jersey. Petitioner filed a habeas petition pursuant to

. (See ECF 1.) The habeas petition failed to include the $5.00 filing fee, or, alternatively, Petitioner did not include an application to proceed in forma pauperis. Therefore, this case is administratively closed. Petitioner shall have the opportunity to reopen this action should he choose. Accordingly, IT IS on this 6th day of April 2021, ORDERED the Clerk of the Court shall ADMINISTRATIVELY TERMINATE this case, Petitioner is informed an administrative termination is not a “dismissal” for purposes of the statute of limitations, and if the case is reopened, it is not subject to the statute of limitations time bar if it was originally filed timely, see Papotto v. Hartford Life & Acc. Ins. Co.,

(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 as well as a signed copy of his habeas petition on the proper form; and it is further ORDERED 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 as well as a signed copy of his habeas petition on the proper form, the Clerk will be directed to reopen this case; and it is finally

ORDERED 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/Brian R. Martinotti HON. BRIAN R. MARTINOTTI UNITED STATES DISTRICT JUDGE