SCURRY v. UNITED STATES OF AMERICA

Filing 2

MEMORANDUM AND ORDER directing the Government to file a response to the motion for return of property within 30 days. Signed by Judge Renee Marie Bumb on 8/25/2017. (dmr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

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DARNELL SCURRY,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

Civil Action No. 16-3854(RMB)

MEMORANDUM AND ORDER

This matter comes before the Court upon Petitioner’s motion
for return of property under Federal Rule of Criminal Procedure
41, originally filed within his motion to vacate, set aside or
correct sentence under 28 U.S.C. § 2255, in Civil Action No. 147934.

On June 28, 2016, this Court issued an Opinion and Order

on Petitioner’s § 2255 motion in Civil Action No. 14-7934, and
also directed the Clerk of Court to open a new civil action in
which to file Petitioner’s motion for return of property under
Fed. R. Crim. P. 41.

The Court also ordered the Clerk to file a

copy of the June 28, 2016 Order in the new action, and further
ordered the Government to file a response to the motion for
return of property within 30 days.
Although

the

Clerk

of

the

Court

opened

this

new

civil

action and filed the motion for return of property, the Clerk
inadvertently failed to file a copy of the Court’s June 28, 2016

Order in this new civil action.

Therefore, Respondent did not

receive notice of the Order to file a response to Petitioner’s
motion for return of property.
IT IS therefore on this 25th day of August 2017,
ORDERED that the Government shall file a response to the
motion for return of property within 30 days of the date of this
Order; 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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