Filing 10

MEMORANDUM and ORDER Dismissing Case for lack of jurisdiction. Signed by Judge Peter G. Sheridan on 10/5/2017. (km)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY KHARY SHERIFF ARRTNGTON, Civil Action No. 16-8206 (PGS) Petitioner, v. : MEMORANDUM AND ORDER UNITED STATES OF AMERICA, Respondent. Pro se Petitioner Khary Sheriff Arrington, a prisoner confined at the Federal Correctional Institution in Fairton, New Jersey, seeks to file a motion to vacate pursuant to 28 U.S.C. § 2255. The Court administratively terminated the case on November 15, 2016, due to Petitioner’s failure to comply with Local Civil Rule 81.2. ECF No. 2. Presently before the Court is a letter from Petitioner seeking status on the matter. ECF No. 9. However, to date, Petitioner never complied with the Court’s November 15, 2016 order. Petitioner has not submitted an amended § 2255 motion on court-approved form, as directed by the Court in its order. Although Respondent filed an answer to the § 2255 motion without the Court’s prompting, that does not alleviate Petitioner’s responsibility to comply with this Court’s order. Indeed, in the interim, Petitioner filed another § 2255 motion in Arrington v. United States, No. 17-2638 (D.N.J. filed Apr. 18, 2017), which the Court dismissed with prejudice as time-barred. See Id., ECF Nos. 2 & 3. Because Petitioner did not comply with the Court’s November 15, 2016 order, his § 2255 motion in the instant matter has now become a second and successive motion, __________ which requires permission from the Third Circuit before it can be filed here. See 28 U.S.C. § 2255(h), 2244(b)(3). As such, the Court has no jurisdiction to adjudicate the instant motion.’ IT IS therefore on this - Li day of , 2017, ORDERED that the Clerk shall REOPEN the case by making a new and separate docket entry reading ‘CIVIL CASE REOPENED”; it is further ORDERED that the Motion is hereby DISMISSED for lack of jurisdiction; and it is further ORDERED that the Clerk shall serve a copy of this Memorandum and Order upon Petitioner by regular mail, and shall CLOSE the file. Peter G. Sheridan United States District Judge Even if Petitioner asserts that the motion he filed Case No. 17-2638 was really meant as an amended motion in the instant matter, that motion, of course, has already been ruled upon and dismissed. 2

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