COHEN v. UNITED STATES OF AMERICA

Filing 2

MEMORANDUM and ORDER Administratively terminating this case; Ordering that if Petitioner wishes to reopen this case he shall notify the Court in writing within 30 days of the date of entry of this Order. Signed by Judge Michael A. Shipp on 8/5/2015. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

EARL COHEN,
Civil Action No. 15-5874 (MAS)
Petitioner,

MEMORANDUM AND ORDER

v.
UNITED STATES OF AMERICA,
Respondent.

Pro se Petitioner Earl Cohen, a prisoner confined at the Federal Correctional Institution in
Fort Dix, New Jersey, seeks to file a motion to vacate pursuant to 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. 81.2(a). Petitioner did not use the habeas form supplied by the Clerk for§ 2255 motions,

i.e., A0243 (modified): DNJ-Habeas-004 (Rev. 01-2014); Petitioner appears to have used an
outdated form.

IT IS therefore on this

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ORDERED that the Clerk of the Court 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 Life & 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. Sheriffs Dep't., 413 F. App'x 498, 502 (3rd Cir. 2011) (per

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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 Motion Under 28
U.S.C. § 2255 -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 Court's finding that the petition 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, Clarkson S. Fisher Building & U.S. Courthouse, 402
East State Street, Room 2020, Trenton, New Jersey 08608, 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 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.

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Michael A. Shipl/
United States District Judge

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