HUFF v. UNITED STATES OF AMERICA
MEMORANDUM AND ORDER ADMINISTRATIVELY DISMISSING CASE; if Petitioner wishes to reopen this case, he shall so notify the Court, in writing, within 30 days of the date of entry of this Memorandum and Order, etc. Signed by Judge Claire C. Cecchi on 5/31/2016. (nr, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
BYRAM K. HUFF,
Civil Action No. 16-2296 (CCC)
MEMORANDUM AND ORDER
UNITED STATES OF AMERICA,
Pro se Petitioner Bryam K. Huff, a prisoner confined at a Federal Correctional Institution
in Bradford, Pennsylvania, seeks to file a motion to vacate pursuant to 28 U.S.C.
§ 2255. Local
Civil Rule $1.2 provides:
Unless prepared by counsel,.. motions under 2$ 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 sign the Petition, nor did he sign the declaration stating that
the motion contains all the grounds for relief that Petitioner is raising, and that he understands the
failure to set forth all grounds may bar him from presenting additional grounds at a later date.
IT IS therefore on this
ORDERED that the Clerk shall ADMINISTRATIVELY TERMINATE this case;
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 Ltfe & Acc. 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. $herffs 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[.]”); it is further
ORDERED that if Petitioner wishes to reopen this case, he shall so notify the Court, in
writing, within 30 days of the date of entry of this Memorandum and Order; Petitioner’s writing
shall include a complete, signed
§ 2255 motion 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 will be directed to reopen this case; and it is
ORDERED that the Clerk shall serve a copy of this Memorandum and Order upon
Petitioner by regular U.S. mail.
Claire C. Cecchi
United States District Judge
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