ROLON v. THE UNITED STATES OF AMERICA

Filing 3

MEMORANDUM AND ORDER administratively terminating case; ORDERED that the Clerk shall forward Petitioner a blank 2255 form; ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, in writing within 30 days, etc. Signed by Judge Robert B. Kugler on 1/30/2018. (dmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

JORGE I. ROLON,
Petitioner,

Civil Action
No. 17-12447 (RBK)

v.
UNITED STATES OF AMERICA,

MEMORANDUM AND ORDER

Respondent.

KUGLER, District Judge:
Before the Court is a Motion for Discovery to Prepare a Motion to Vacate, Set Aside, or
Correct a Sentence pursuant to 28 U.S.C. § 2255 signed by pro se Petitioner Jorge I. Rolon
(hereinafter, “Petitioner”).
Habeas petitioners are not entitled to discovery as a matter of ordinary course. See Bracy
v. Gramley, 520 U.S. 899, 904 (1997). The pre-petition discovery Petitioner seeks “is neither
specifically allowed nor contemplated by the Habeas Rules or the Federal Rules of Civil
Procedure.” Orbe v. True, 201 F. Supp. 2d 671, 680 (E.D. Va. 2002) (refusing to permit prehabeas petition discovery). Petitioner must first file a formal motion under 28 U.S.C. § 2255
before this Court may authorize discovery.
Further, under Local Civil Rule 81.2(a), “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.” Petitioner did not use the most recent
habeas form supplied by the Clerk for § 2255 motions, i.e., AO 243 (modified).

THEREFORE it is on this

30th

day of January, 2018;

ORDERED that Petitioner’s Motion for Discovery to Prepare a Motion to Vacate, Set
Aside, or Correct a Sentence pursuant to 28 U.S.C. § 2255 is DENIED; and it is further
ORDERED that the Clerk of the Court shall administratively terminate this case for
Petitioner’s failure to file a § 2255 motion on the proper form; and it is further
ORDERED that the Clerk of the Court shall forward to Petitioner a blank form for § 2255
motions, AO 243 (modified): DNJ-Habeas-004 (Rev. 01-2014); and it is further
ORDERED that the Clerk’s service of the blank § 2255 form shall not be construed as this
Court’s finding that the petition 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
writing addressed to the Clerk of the Court, Mitchell H. Cohen Building and U.S. Courthouse, 4th
and Cooper Streets, Camden, New Jersey, 08101, within 30 days of the date of entry of this Order.
Petitioner’s writing shall include a complete application on the proper form; and it is further
ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen
this case, and a complete application on the proper form, the Clerk of 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 Order upon Petitioner by
regular U.S. mail.

s/Robert B. Kugler
ROBERT B. KUGLER
U.S. District Judge

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