AHUAMA v. UNITED STATES OF AMERICA
MEMORANDUM and ORDER Administratively Terminating Petition. If Petitioner wishes to reopen this case, he shall so notify the Court within 30 days of the date of entry of this memorandum and order (2255 Form mailed to Petitioner via USPS). Signed by Judge Peter G. Sheridan on 9/7/2017. (km)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
AMAECHI ANTWAN AHUAMA,
Civil Action No. 17-6779 (PGS)
MEMORANDUM AND ORDER
UNITED STATES OF AMERICA,
Pro se petitioner Amaechi Antwan Ahuama, a prisoner confined at FPC Montgomery in
Montgomery, Alabama, seeks to file a motion to vacate, set aside, or correct sentence pursuant to
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
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 & Ace. Ins. Co., 731 F.3d
265, 275 (3d Cir. 2013) (distinguishing administrative terminations from dismissals); Jenkins v.
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
A0243 (modified): DNJ-Habeas-004 (Rev. 0 1-2014); 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 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
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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