SCURRY v. UNITED STATES OF AMERICA

Filing 9

MEMORANDUM AND ORDER reopening this matter; directing Petitioner to submit his written brief explaining why the one-year statute of limitations for his § 2255 motion should be equitably tolled by 9/5/2015. Order sent to Petitioner. Signed by Judge Renee Marie Bumb on 8/6/2015. (drw)n.m.

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

:
DARNELL SCURRY,
Petitioner,
v.

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:

UNITED STATES OF AMERICA,
Respondent.

:
Civil Action No. 14-7934(RMB)

MEMORANDUM AND ORDER
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BUMB, District Judge
This matter comes before the Court upon Petitioner’s
written statement that he wishes to proceed with his petition,
initially filed under 28 U.S.C. § 2241, as his motion to vacate,
set aside or correct a sentence under 28 U.S.C. § 2255. (ECF.
No. 8).1 Petitioner is aware that his § 2255 motion is untimely,
but he seeks to submit a brief explaining why the statute of
limitations should be equitably tolled.
IT IS, therefore, on this 6th day of August 2015,
ORDERED that the Clerk shall reopen this matter; and it is
further

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Petitioner’s judgment of conviction was entered on May 31,
2013. U.S.A. v. Scurry, Crim. Action No. 11-0851 (D.N.J. May 31,
2013, ECF No. 17.)

ORDERED that Petitioner shall have until September 5, 2015
to submit to this Court his written brief explaining why the
one-year statute of limitations for his § 2255 motion should be
equitably tolled; and it is further
ORDERED that the Clerk shall serve this Memorandum and
Order upon Plaintiff by regular U.S. Mail.

s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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