POLO v. ORTIZ et al

Filing 8

MEMORANDUM AND ORDER TO ANSWER: It is ORDERED that respondent Warden David D. Ortiz is dismissed with prejudice from this action, and the United States of America is substituted as Respondent; and it is further ORDERED that within forty-five (45) day s of the date of the entry of this Order, the United States shall electronically file and serve an answer to the § 2255 motion; and it is further ORDERED that petitioner may serve and file a reply to the answer within forty-five (45) days after the answer is filed, etc. Signed by Judge Kevin McNulty on 10/20/2016. (seb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
JACK F. POLO,
Civ. No. 16-5 137 (KM)
Petitioner,
MEMORANDUM AND ORDER

V.

United States of America,
Respondent.
Petitioner is proceeding pro se with a motion to vacate, set aside or correct his sentence
pursuant to 28 U.S.C.

§ 2255. This Court provided petitioner with the required Miller notice and

petitioner has indicated his intent to proceed with his
respondent in a

§ 2255 motion “as-is.” The only proper

§ 2255 motion is the United States. Therefore, this Court will dismiss respondent

David D. Ortiz with prejudice.
In accordance with Rule 4(b) of the Rules Governing Section 2255 Proceedings, see 28
U.S.C.

§ 2255 Rule 4(b), the Court has screened the motion for dismissal and determined that

dismissal without an answer and a reply is not warranted.
Accordingly, IT IS this 20th day of October, 2016,
ORDERED that respondent Warden David D. Ortiz is dismissed with prejudice from this
action, and the United States of America is substituted as Respondent; and it is further
ORDERED that within forty-five (45) days of the date of the entry of this Order, the
United States shall electronically file and serve an answer to the

§ 2255 motion (Dkt. No. 4); and

it is further
ORDERED that the answer shall respond to the allegations and grounds of the motion
and shall adhere to Rule 5 of the Rules Governing Section 2255 Proceedings; and it is further

ORDERED that the answer shall address the merits of each claim raised in the motion as
well as whether the motion is timely; and it is further
ORDERED that the answer shall contain an index of exhibits; and it is further
ORDERED that if the answer refers to briefs or transcripts, orders, and other documents
from prior proceedings, then the United States shall serve and file them with the answer; and it is
further
ORDERED that petitioner may serve and file a reply to the answer within forty-five (45)
days after the answer is filed; and it is further
ORDERED that the Clerk of Court shall serve this Order on petitioner by regular U.S.
mail.

I

United States District Judge

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