PIDTERGERYA v. UNITED STATES OF AMERICA

Filing 4

MEMORANDUM AND ORDER that the Clerk of the Court shall administratively terminate this case and send Petitioner certain forms; 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 Peter G. Sheridan on 2/19/2016. (mmh)

united STATES DISTRiCT COURT
DISTRICT OF NEW JERSEY

OLEG PIDTERGERYA,
Civil Action No. 16-704 (PGS)
Petitioner,
v.

MEMORANDUM AND ORDER

:

UNITED STATES OF AMERICA,
Respondent.

Pro se Petitioner Oleg Pidtergerya, a prisoner confined at USP Canaan in Waymart,
Pennsylvania, seeks to file a motion to vacate pursuant 28 U.S.C.

§

2255. (ECF No. 1.) 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 form supplied by the Clerk for section 2255 motions,
i.e., A0243 (modified): DNJ-Habeas-004 (Rev. 01-2014).
THEREFORE, it is on this

(

day of

,

2016;

ORDERED that the Clerk of the Court shall 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 Papotto v. Hartford Life & Accident
Ins. Co., 731 F.3d 265, 275 (2013) (distinguishing administrative terminations from dismissals);
Jenkins v. Superintendent of Laurel Highlands, 705 F.3d 80, 84 n.2 (2013) (describing prisoner
mailbox rule generally); Dasilva v. Sherffs 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

....“);

and 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); and 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 motion is or is not timely, or that Petitioner’s claims are or are not
procedurally defaulted; and 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, Trenton, NJ 08608, within 30 days of the date of entry of this Memorandum and
Order; Petitioner’s writing shall include a complete, signed motion on the appropriate form; and it
is further
ORDERED that upon receipt of a writing from Petitioner stating that he wishes to reopen
this case, and a complete, signed motion, the Clerk of the Court will be directed to reopen this
case; and it is finally
ORDERED that the Clerk of the Court shall serve a copy of this Memorandum and Order
upon Petitioner by regular U.S. mail.

Peter G. Sheridan, U.S.D.J.

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