GINES-FIGUEROA v. UNITED STATES OF AMERICA

Filing 5

MEMORANDUM AND ORDER, The Clerk shall reopen this matter; ORDERED that this matter is stayed pending resolution of Petitioner's motion for reduction of sentence pursuant to Amendment 782 in United States v. Gines-Figueroa, Criminal Action No. 12 -618 (ECF No. 34); ORDERED that within 20 days of resolution of the above describted motion, Petitioner shall submit a written statement to this Court stating whether he wishes to withdraw the present 2255 motion or reopen this matter; ORDERED that the Clerk shall administratively terminate this case, etc. Signed by Judge Renee Marie Bumb on 8/7/2015. (dmr)(n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

CARLOS GINES-FIGUEROA,

Civil Action No. 15-3418 (RMB)

Petitioner,
MEMORANDUM AND
v.
ORDER
UNITED STATES OF AMERICA,
Respondent.

This matter comes before the Court on Petitioner’s motion
to vacate, set aside or correct his sentence under 28 U.S.C. §
2255. (Pet., ECF No. 4.) Petitioner alleged his counsel failed,
when he entered his guilty plea, to present the Court with all
of the sentence reductions he should receive. (Id., ¶12(a)).
Petitioner

currently

has

pending

a

motion

for

reduction

of

sentence pursuant to Amendment 782, where he raises the same
issues presented in the present petition. See United States v.
Gines-Figueroa, Criminal Action No. 12-618 (ECF No. 34) (D.N.J.)
This Court will therefore stay this matter, pending resolution
of Petitioner’s motion pursuant to Amendment 782 in the criminal
action.
IT IS therefore, on this 7th day of August 2015,
ORDERED
matter;

that

the

Clerk

of

the

Court

shall

reopen

this

ORDERED that this matter is stayed pending resolution of
Petitioner’s
Amendment

motion

782

in

for

reduction

United

States

of

v.

sentence

pursuant

Gines-Figueroa,

to

Criminal

Action No. 12-618 (ECF No. 34) (D.N.J.); and it is further
ORDERED that within twenty days of resolution of the abovedescribed motion, Petitioner shall submit a written statement to
this

Court,

submitted

Courthouse,

4th

whether

wishes

he

&

to

Mitchell

H.

Cooper

Streets,

Camden,

NJ

present

§

to

withdraw

the

Cohen

Building
08101,
2255

&

U.S.

stating

motion

or

reopen this matter for further proceedings; and it is further
ORDERED that the Clerk of Court 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 (2013) (distinguishing administrative terminations
from dismissals); Jenkins v. Superintendent of Laurel Highlands,
705 F.3d 80, 84 n.2 (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 of the Court shall serve a copy of
this Memorandum and Order upon Petitioner by regular U.S. mail.

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