WILLIAMS v. UNITED STATES OF AMERICA

Filing 2

MEMORANDUM and ORDER Administratively terminating this case; Ordering the Clerk to send Petitioner a blank form for a Motion Under 28 U.S.C. § 2255; further Ordering that if Petitioner wishes to reopen this case, he shall notify the Court in writing within 30 days; Petitioner's writing shall include a complete, signed § 2255 motion on the appropriate form. Signed by Judge Michael A. Shipp on 4/20/2016. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
TROY DAMION WILLIAMS,
Civil Action No. 16-2129 (MAS)
Petitioner,

v.

MEMORANDUM AND ORDER

UNITED STATES OF AMERICA,
Respondent.

Pro se Petitioner Troy Damion Williams, a prisoner confined at the Rivers Correctional
Institution in Winton, North Carolina, 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

:;;.__uf'..-

day of ___._.a<-=-,~_.,._4..L_:( _ _ _ _ _ _ _, 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.
1

. S-,,'R~riri~?..ryient of L,aurel Highlands, 705 F.3d 80, 84 n.2 (3d Cir. 2013) (describing prisoner

mailbox rule gen~rally); 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 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 § 225 5 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 will be directed to reopen this case; and it is
further
ORDERED that the Clerk shall serve a copy of this Memorandum and Order upon
Petitioner by reg~l~ U.S. mail.

Michael A. Shi6
United States District Judge

l.

2