GRAULICH v. UNITED STATES OF AMERICA

Filing 2

MEMORANDUM AND ORDER: ORDERED that the Clerk of the Court shall administratively terminate this case; and it is further ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, in a writing within 30 days of the date of entry of this Memorandum and Order. Signed by Judge Robert B. Kugler on 4/25/2014. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

WILLIAM GRAULICH, IV,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civ. No. 14-2572 (RBK)

MEMORANDUM AND ORDER

Pro se Petitioner, William Graulich, IV, a prisoner confined at the Federal Prison Camp
in Lewisburg, Pennsylvania, seeks to file a motion to vacate pursuant 28 U.S.C. § 2255. Local
Civil Rule 81.2 provides:
Unless prepared by counsel, . . . motions under 28 U.S.C. §2255
shall be in writing (legibly handwritten in ink or typewritten),
signed by the petitioner or movant, on forms supplied by the Clerk.
L.Civ.R. 81.2(a). Petitioner did not use the habeas form supplied by the Clerk for section 2255
motions, i.e., AO243 (modified): DNJ-Habeas-004 (Rev. 01-2014). Accordingly, this matter
will be administratively terminated.
Therefore, IT IS on this 25th day of April , 2014,
ORDERED that the Clerk of the Court shall administratively terminate this case;
Petitioner is informed that administrative termination is not a “dismissal” for purposes of the
statute of limitations, and that 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., 731 F.3d
265, 275 (3d Cir. 2013) (distinguishing administrative terminations from dismissals); Jenkins v.
Superintendent of Laurel Highlands, 705 F.3d 80, 84 n. 2 (3d Cir. 2013) (describing prisoner
mailbox rule generally); and it is further
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ORDERED that the Clerk of the Court shall forward Petitioner a blank section 2255
form— AO243 (modified): DNJ-Habeas-004 (Rev. 01-2014); and it is further
ORDERED that the Clerk's service of the blank section 2255 form shall not be construed
as this Court’s finding that the motion is or is not timely, or that Petitioner's claims are or are not
procedurally defaulted; and it is further
ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, in a
writing addressed to the Clerk of the Court, Mitchell H. Cohen U.S. Courthouse, 4th & Cooper
Streets, Camden, NJ 08101, within thirty (30) days of the date of entry of this Memorandum and
Order; Petitioner’s writing shall include a complete, signed habeas petition on the appropriate
form; and it is further
ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen
this case, and a complete, signed petition, the Clerk of the Court will be directed to reopen this
case; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of this Memorandum and Order
and the blank section 2255 form – AO243 (modified): DNJ-Habeas-004(Rev.01-2014) upon
Petitioner by regular U.S. mail.

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

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