HERNANDEZ v. UNITED STATES
MEMORANDUM AND ORDER. ORDERED that the Clerk shall administratively terminate the case, etc.; ORDERED that if Petitioner wishes to reopen this action, he shall so notify the Court in writing within 30 days, etc. Signed by Judge Robert B. Kugler on 6/30/2017. (dmr)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
UNITED STATES OF AMERICA,
Civ. No. 17-4582 (RBK)
MEMORANDUM AND ORDER
Pro se petitioner is a federal prisoner and seeks to file a motion to vacate pursuant 28
U.S.C. § 2255. 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 did not use the updated habeas form supplied by the Clerk for section
2255 motions, i.e., AO243 (modified): DNJ-Habeas-004 (Rev. 01-2014).
Therefore, IT IS this 30th day of June, 2017,
ORDERED that the Clerk of the Court shall 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 (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)
(“[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, Camden, NJ 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 updated form supplied by the Clerk; 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?