JACKSON v. UNITED STATES OF AMERICA

Filing 2

MEMORANDUM AND ORDER that the Clerk shall administratively terminate this case, without filing the motion; that the Clerk shall forward Petitioner a blank § 2255 motion form; that, if Petitioner wishes to reopen this case, she shall so notify the Court in writing within 30 days of the date of entry of this Memorandum and Order and include a complete, signed § 2255 motion on the appropriate form. Signed by Judge Mary L. Cooper on 7/14/2014. (gxh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

KEISHA JACKSON,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Action No. 14-4233 (MLC)

MEMORANDUM AND ORDER

Pro se Petitioner, Keisha Jackson, a federal prisoner confined at FCI Danbury in
Danbury, Connecticut, seeks to bring a Motion to Vacate, Set Aside, or Correct Sentence
under 28 U.S.C. § 2255. Local Civil Rule 81.2 provides:
Unless prepared by counsel, petitions to this Court for a writ
of habeas corpus . . . 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 petitions, i.e., AO243 (modified).
IT IS THEREFORE on this

14th

day of July, 2014, ORDERED that the

Clerk of the Court will 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 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 Fed.Appx. 498, 502 (3rd Cir. 2011) (“[The]
statute of limitations is met when a complaint is submitted to the clerk before the statute
runs ….”); and it is further
ORDERED that the Clerk of the Court will forward Petitioner a blank § 2255
motion form—AO 243 (modified):DNJ-Habeas-004(Rev.01-2014); and it is further
ORDERED that the Clerk’s service of the blank § 2255 motion form will not be
construed as this Court’s finding that the original motion is or is not timely, or that
Petitioner’s claims are or are not duly exhausted; and it is further
ORDERED that if Petitioner wishes to reopen this case, she shall so notify the
Court, in writing addressed to the Clerk of the Court, Clarkson S. Fisher Building & U.S.
Courthouse, 402 East State Street, Trenton, New Jersey 08608, within 30 days of the date
of entry of this Memorandum and Order; Petitioner’s writing must include a complete,
signed § 2255 motion on the appropriate form; and it is further
ORDERED that upon receipt of a writing from Petitioner stating that she 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 will serve a copy of this Memorandum and
Order upon Petitioner by regular U.S. mail.

s/Mary L. Cooper
MARY L. COOPER
United States District Judge

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