GORDON v. UNITED STATES OF AMERICA
MEMORANDUM AND ORDER that the Clerk of the Court shall administratively terminate this case, without filing the motion. ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, in a writing within thirty (30) days of the date of entry of this Memorandum and Order, etc.. (Memo Order and blank 2255 form mailed) Signed by Judge Robert B. Kugler on 12/3/2014. (TH, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Civ. No. 14-6760 (RBK)
MEMORANDUM AND ORDER
Pro se Petitioner Javon Gordon is a federal prisoner proceeding with a motion to vacate
pursuant 28 U.S.C. § 2255. On October 28, 2014, this Court characterized Petitioner’s motion
for an extension of time to file a § 2255 that he filed under his criminal docket number (Crim.
No. 09-020-1) as his actual § 2255 motion and this civil action was opened. (See Dkt. No. 2 at p.
4-5.) At that time, Petitioner was instructed that he needed to file his § 2255 motion on the
proper form. Indeed, 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 was given thirty days in which to file his § 2255 motion on the
proper form, i.e., AO243 (modified): DNJ-Habeas-004 (Rev. 01-2014). To date, Petitioner has
failed to file his § 2255 motion on the proper form.
Therefore, IT IS on this 3rd day of December, 2014,
ORDERED that the Clerk of the Court shall administratively terminate this case, without
filing the motion; 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); Dasilva v. Sheriff's Dep’t., 413 F. App’x 498, 502
(3rd Cir. 2011) (per curiam) (“[The] statute of limitations is met when a [motion] is submitted to
the clerk before the statute runs ….”); 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 Building & U.S. Courthouse, 4th
& Cooper Streets, Room 1050, Camden, New Jersey 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 a 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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?