Filing 5

MEMORANDUM ORDER that Petitioner's request for an extension is denied. The Clerk shall serve a copy of this Order upon Petitioner. Signed by Judge Peter G. Sheridan on 8/24/2017. (mps)

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_______ UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY KHARY SHERRIF ARRINGTON, Civil Action No. 17-263 8 (PGS) Petitioner, v. : MEMORANDUM ORDER UNITED STATES OF AMERICA, Respondent. Petitioner Khary SherrifArrington has filed a motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255, attacking a sentence imposed by this Court in United States v. Arrington, No. 14-cr-0104, ECF No. 23 (D.N.J. entered July 22, 2014). The Court dismissed the motion with prejudice. ECF No. 3. Presently before the Court is a request for extension from Petitioner, seeking an extension to respond to the Court’s decision. In his request, Petitioner refers to a 28-day deadline to respond. Id. at I. It appears that Petitioner is referring to the deadline to file a Rule 5 9(e) motion under the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 5 9(e) (“A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment.”). However, this Court does not have the authority to grant any extension with regard to a Rule 59(e) motion. See Fed. R. Civ. P. 6(b)(2) (“A court must not extend the time to act under Rules 50(b) and (d), 52(b), 59(b), (d), and (e), and 60(b).”). As such, the request must be denied. IT IS therefore on this day of , 2017, ORDERED that Petitioner’s request for an extension, ECF No. 3, is hereby DENIED; and it is further ORDERED that that the Clerk shall serve a copy of this Order upon Petitioner. /4 Peter Sheridan United States District Judge . 2

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