HALL v. UNITED STATES OF AMERICA

Filing 2

MEMORANDUM and ORDER administratively terminating this case. Signed by Judge Claire C. Cecchi on 3/31/2015. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SAHIB HALL,
Civil Action No. 15-2015 (CCC)

Petitioner,
v.

:

MEMORANDUM AND ORDER

UNITED STATES OF AMERICA,
Respondent.

Pro

se Petitioner Sahib Hall, a prisoner confined at Northern State Prison in Newark, NJ,

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. 8 1.2(a). Petitioner did not use the habeas form supplied by the Clerk for section
2255
motions. i.e., A0243 (modified): DNJ-Habeas-004 (Rev. 01-2014).
THEREFORE, it is on this

3

day of

,

2015;

ORDERED that the Clerk of the Court shall administratively terminate this case, withou
t
filing the motion; Petitioner is informed that administrative termination is not a “dismi
ssal” 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 ii’ it was originally filed timely, see Papono v. Ifurifora Life & Ace.
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, Sherffs Dept., 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

....“):

it is further

ORDERED that the Clerk of the Court shall forward Petitioner a blank section 2255

form— A0243 (modified): DNJ-Habeas-004 (Rev. 01-2014); it is further
ORDERED that the Clerk’s service of the blank section 2255 form shall not be construed
as this Courfs finding that the motion is or is not timely, or that Petitioner’s claims are or are not
procedurally defaulted; 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, Martin Luther King Building & U.S. Courthouse, 50
Walnut Street, Newark, NJ 071018, 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; 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 further
ORDERED that the Clerk of the Court shall serve a copy of this Memorandum and Order

upon Petitioner by regular U.S. mail.

I

CLAIRE C. CECCHI
United States District Judge