RODRIGUEZ V. UNITED STATES OF AMERICA, No. 1:2016cv05452 - Document 4 (D.N.J. 2016)
Court Description: MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 10/27/2016. (tf, n.m.)
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RODRIGUEZ V. UNITED STATES OF AMERICA Doc. 4 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ___________________________________ : : : Petitioner, : : v. : : UNITED STATES OF AMERICA, : : Respondent. : ___________________________________: MACARIO MAR RODRIGUEZ, Civ. No. 16-5452 (NLH) MEMORANDUM OPINION APPEARANCES: Macario Mar Rodriguez 62714-279 Fort Dix Federal Correctional Institution Inmate Mail/Parcels East: P.O. Box 2000 Fort Dix, N.J. 08640 Plaintiff Pro se HILLMAN, District Judge IT APPEARING THAT: 1. On September 3, 2016, Petitioner Macario Mar Rodriguez (“Petitioner”) submitted a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. 2. (ECF No. 1.) With his Petition, Petitioner submitted an application to proceed in forma pauperis. (ECF No. 1-2.) Based on the amount of money contained in his prison account, the Court denied his application. (ECF Nos. 2, 3.) The Court informed Petitioner that if he wished to proceed with his habeas Dockets.Justia.com petition, he must pay the $5 filing fee. (Id.) The Court further informed Petitioner that the Petition does not set forth grounds for relief and, instead, makes reference to a “Memorandum of Law.” (Id.) received by the Court. 3. However, no such memorandum was (Id.) On October 21, 2016, Petitioner submitted his $5 filing fee, but as of this date, he has not submitted any memoranda of law. 4. Pursuant to Rule 2(c) of the Rules Governing Section 2254 Cases, applicable to § 2241 cases through Rule 1(b), “[t]he petition must: (1) specify all the grounds for relief available to the petitioner; (2) state the facts supporting each ground….” 5. As previously explained to Petitioner, his Petition does not specify any grounds for relief or facts supporting those grounds. Without any grounds for relief to consider, the Court will dismiss the Petition without prejudice. If Petitioner would like this Court to consider a § 2241 petition, he must comply with Rule 2(c). An appropriate order follows. Dated: October 27, 2016 At Camden, New Jersey s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. 2
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