ERWIN v. UNITED STATES OF AMERICA

Filing 3

MEMORANDUM AND ORDER directing the Clerk to administratively terminate this case and send Petitioner certain forms. If Petitioner wishes to reopen this case he shall notify the Court, in writing, within 30 days of the date of entry of this memorandum and order. Signed by Judge Peter G. Sheridan on 7/23/2017. (mmh)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

CHRISTOPHER ERWIN,
Civil Action No. 17-5156 (PGS)
Petitioner,
v.

:

MEMORANDUM AND ORDER

UNITED STATES OF AMERICA,
Respondent.

Pro se petitioner Christopher Erwin, a prisoner confined at FCI Petersburg in Petersburg,

Virginia, seeks to file a motion to vacate, set aside, or correct sentence 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. 8 1.2(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 he used does not include a

declaration that the motion contains all the grounds for relief that he 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

day of

,

2017,

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 Lfe & Ace. 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 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 Clerks service of the blank section 2255 form shall not be construed
as this Court’s finding that this Motion is or is not timely, or that the 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, and his writing shall
include a complete, signed

§ 2255 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 motion, the Clerk will be directed to reopen this case; and it is
further
ORDERED that the Clerk shall serve a copy of this Order upon Petitioner by regular mail.

Peter G. Sheridan
United States District Judge

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