BAILEY v. UNITED STATES OF AMERICA

Filing 4

MEMORANDUM, ORDER Clerk shall administratively terminate this case. Directing Clerk to send petitioner a blank 2255 form. If petitioner wishes to reopen the case, he will need to notify the Court within 45 days. nm 1/19. Signed by Judge Noel L. Hillman on 1/19/18. (jbk, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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KAREEM BAILEY,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

No. 17-cv-13586 (NLH)

MEMORANDUM AND ORDER

APPEARANCE:
Kareem Bailey, No. 65333-050
FCI McKean
P.O. Box 8000
Bradford, PA 16702
Petitioner Pro se
IT APPEARING THAT:
Pro se Petitioner Kareem Bailey, a prisoner confined at the
Federal Correctional Institution McKean in Bradford,
Pennsylvania, seeks to file a motion to vacate pursuant 28
U.S.C. § 2255.

ECF No. 1.

Local Civil Rule 81.2 provides:

Unless prepared by counsel,
under 28 U.S.C. §2255 shall
(legibly handwritten in ink
signed by the petitioner or
supplied by the Clerk.
L. Civ. R. 81.2(a).

. . . motions
be in writing
or typewritten),
movant, on forms

Petitioner did not use the form supplied by

the Clerk for § 2255 motions, i.e., AO243 (modified): DNJHabeas-004 (Rev. 01-2014).
THEREFORE, it is on this

19th

day of January, 2018;

ORDERED that the Clerk of the Court shall ADMINISTRATIVELY
TERMINATE this case, without filing the motion; 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 & Accident 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) (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 forward
Petitioner a blank section 2255 form AO243 (modified): DNJHabeas-004 (Rev. 01-2014); 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 and U.S. Courthouse,
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Fourth and Cooper Streets, Camden, New Jersey, 08101, within 45
days from the date of entry of this Memorandum and Order;
Petitioner’s writing shall include a complete, signed motion on
the appropriate 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,
signed motion, 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 upon Petitioner by regular U.S. mail.

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

At Camden, New Jersey

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