GEORGE v. UNITED STATES OF AMERICA

Filing 2

MEMORANDUM and ORDER Administratively Terminating Case. 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 motion on the appropriate form. Signed by Judge Mary L. Cooper on 5/1/2017. (Blank 28 U.S.C. §2255 form mailed to Petitioner via USPS.) (km)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

C. TATE GEORGE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil Action No. 17-2641 (MLC)

MEMORANDUM AND ORDER

Pro se Petitioner C. Tate George, a prisoner confined at the Federal Correctional Institution
in Fort Dix, New Jersey, 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., AO243 (modified): DNJ-Habeas-004 (Rev. 01-2014).
THEREFORE, it is on this 1st day of May, 2017;
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. Sheriff's 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— AO243 (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.

s/MARY L. COOPER
Mary Little Cooper, U.S.D.J.

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