JONES v. HOLLINGSWORTH

Filing 9

MEMORANDUM AND ORDER denying Petitioner's letter request for additional time to prevent time barring 8 . Signed by Judge Renee Marie Bumb on 8/25/2015. (tf,n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

Shawn Dwayne Jones,
Petitioner,
v.
Warden Jordan Hollingsworth,
FCI Fort Dix,
Respondent.

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Civil Action No. 15-2401(RMB)

MEMORANDUM AND ORDER

This matter comes before the Court on Petitioner’s letter
request for additional time to respond to an Administrative
Remedy Rejection Notice from the Federal Bureau of Prisons. (ECF
No. 8.) A petitioner ordinarily must exhaust his administrative
remedies before seeking relief under 28 U.S.C. § 2241. Moscato
v. Federal Bureau of Prisons, 98 F.3d 757, 760 (3d Cir. 1996)
(emphasis added). Therefore, this Court will deny Petitioner’s
request to intervene on his behalf in his attempt to exhaust his
administrative remedies. If Petitioner’s failure to timely file
an administrative remedy request precludes him from properly
exhausting his administrative remedies, his course of action in
this habeas proceeding is to show cause and prejudice to excuse
the procedural default. See Moscato, 98 F.3d at 761.
IT IS on this 25th day of August 2015,

ORDERED that Petitioner’s letter request for additional
time to prevent time barring (ECF No. 8) is DENIED; and it is
further
ORDERED that the Clerk of the Court shall serve a copy of
this Order on Petitioner by regular U.S. mail.

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

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