DELACRUZ v. UNITED STATES OF AMERICA

Filing 2

MEMORANDUM and ORDER Administratively terminating this case; Ordering that the Clerk shall forward Petitioner a blank section 2255 form; Ordering 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. Signed by Judge Michael A. Shipp on 4/18/2016. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ARTURO DELACRUZ,
Civil Action No. 16-2078 (MAS)
Petitioner,

MEMORANDUM AND ORDER

v.
UNITED STATES OF AMERICA,
Respondent.

Pro se Petitioner Arturo Delacruz, 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)-the form used by Petitioner does not
include a declaration 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
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day

of~o-,_~. ._ _. .1. . . . ,.~-'- - - - - - ' 2016,

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 Life & Acc. Ins. Co., 731 F .3d
265, 275 :(3d Cir. 2013) (distinguishing administrative terminations from dismissals); Jenkins v.
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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
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 form for a 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

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
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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
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case; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Memorandum and Order

upon Petitioner b~ regular U.S. mail.

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Mic~ Judge
United States District

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