HARRIS v. UNITED STATES OF AMERICA

Filing 11

MEMORANDUM AND ORDER that the Clerk shall docket the 7 2255 Motion Lacking Miller Affirmance together with [Doc. No. 10 at 27-32] in a new docket entry with the text reading Petitioner's Section 2255 Motion with Miller Affirmance. ORDERED that Respondent shall Answer within 30 days of the entry of this Order, and Petitioner shall file and serve a reply in support within 15 days after the Answer is filed. Signed by Judge Renee Marie Bumb on 6/2/2015. (TH, )

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CAMDEN VICINAGE

JAMES HARRIS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civ. Action No. 14-6590(RMB)

Memorandum and Order

BUMB, District Judge:
This matter is before the Court upon Petitioner’s written
submission on January 7, 2015 (ECF No. 10), in response to this
Court’s Memorandum Opinion and Order, dated December 11, 2014.
(ECF No. 6). Petitioner verified1 that it is his intention to
have his second filed § 2255 motion, originally filed in Civil
Action No. 14cv7305, together with his addendum containing
Grounds Five through Eight (ECF No. 10 at 27-32), to be his allinclusive Section 2255 motion, in affirmance of this Court’s
notice under United States v. Miller, 197 F.3d 644 (3d Cir.
1999). Petitioner also submitted a brief in support of his 2255
motion, with attached exhibits. (ECF No. 10 at 4-32.)

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See ECF No. 10 at 2.
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Having reviewed the motion, attached brief and exhibits,
and the record of prior proceedings pursuant to Rule 4 of the
Rules Governing Section 2255 Proceedings for the United States
District Courts,
IT IS therefore on this 2nd day of June 2015,
ORDERED that the Clerk shall docket the motion presently
labeled with the docket entry “PETITIONER’S SECTION 2255 MOTION
LACKING MILLER AFFIRMANCE” (ECF No. 7), together with
Petitioner’s newly filed addendum to his motion, containing
Grounds Five through Eight (ECF No. 10 at 27-32), in a new
docket entry in Civil Action No. 14-6590, with the docket text
reading “Petitioner’s Section 2255 Motion With Miller
Affirmance”; and it is further
ORDERED that Respondent shall file a full and complete
answer to “Petitioner’s Section 2255 Motion with Miller
Affirmance” within 30 days of the entry of this Order; and it is
further
ORDERED that Respondent shall raise by way of its answer
any appropriate defenses which it wishes to have the Court
consider, including, with respect to the asserted defenses,
relevant legal arguments with citations to appropriate legal
authority; and it is further
ORDERED that the answer shall be accompanied by certified
copies of all notices, opinions, documents, transcripts or
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recordings of any proceedings, including all documentation that
may be material to the questions raised in the motion; and it is
further
ORDERED that Petitioner may file and serve a reply in
support of the motion within 15 days after the answer is filed.

s/Renée Marie Bumb
RENÉE MARIE BUMB
United States District Court

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