Filing 2

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

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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

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