PUFF v. UNITED STATES OF AMERICA

Filing 2

ORDER advising petitioner of rights under US V. MILLER and directing petitioner to advise the Court in 45 days.. Signed by Judge Jose L. Linares on 5/9/11. (dr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
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Plaintiff,
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v.
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UNITED STATES OF AMERICA,
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Defendant.
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WAYNE PUFF

Civil Action No.: 11-072 (JLL)
NOTICE AND ORDER

TO: WAYNE PUFF, #29375050
FCI Beaumont Low
P.O. Box 26020
Beaumont, TX 77720
You have filed a pro se pleading challenging your federal sentence. The Third Circuit
Court of Appeals has decided the case of United States v. Miller, 197 F.3d 644 (3d Cir. 1999).
Pursuant to that decision, this is to advise you that under federal law, a person seeking relief in
federal court form confinement resulting from conviction in that court must include in a single
petition under 28 U.S.C. §2255, all potential claims for which he or she desires to seek review
and relief, because a second or successive habeas petition under Section 2255 must be dismissed
unless certain very specific and rare circumstances exist, see 28 U.S.C. §2244. Therefore, please
note that:
a.

You may have your pleading ruled upon as filed; or

b.

You may have your pleading recharacterized as a Section 2255 motion and heard
as such. If you do, however, you will lose your ability to file a second or
successive pleading absent Certification by the Court of Appeals; or

c.

You may withdraw your pleading and file an all inclusive Section 2255 petition
subject to the one (1) year period described by the Antiterrorism Effective Death
Penalty Act [“AEDPA”] in 28 U.S.C. §2255.

You have forty-five days from today’s date within which to advise the Court as to your
decision. If you fail to notify the Court, your pleading and motion will be ruled upon as filed.
DATED: May 9, 2011
/s/ Jose L. Linares
JOSE L. LINARES, U.S.D.J.