BIGICA v. UNITED STATES OF AMERICA

Filing 2

MEMORANDUM AND ORDER administratively terminating this action; directing the Court to forward petitioner a blank 2255 form, etc.. Signed by Judge Faith S. Hochberg on 3/19/2014. (nr, )

NOT FOR PUBLICATION

CLOSED

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

JOSEPH BIGICA,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Action No. 14-1649 (FSH)

MEMORANDUM AND ORDER

Pro se Petitioner Joseph Bigica, a prisoner confined at Federal Correctional Institution in
Fort Dix, New Jersey, 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 habeas form supplied by the Clerk for section 2255
motions, i.e., AO243 (modified): DNJ-Habeas-004 (Rev. 01-2014).
THEREFORE, it is on this 19th day of March, 2014;
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 &
Acc. Ins. Co., 731 F.3d 265, 275 (2013) (distinguishing administrative terminations from

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dismissals); Jenkins v. Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (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): DNJ-Habeas-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, M.L. King, Jr. Federal Bldg. & U.S. Courthouse, 50
Walnut Street, Newark, New Jersey, 07102, within 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 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 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
upon Petitioner by regular U.S. mail.

s/ Faith S. Hochberg
FAITH S. HOCHBERG
United States District Judge

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