WEINSTEIN v. UNITED STATES

Filing 27

MEMORANDUM OPINION filed. Signed by Judge Anne E. Thompson on 3/16/2018. (mmh)

R E C E k·V E D
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

ELIYAHU WEINSTEIN,

MAR 16_ 2018
AT 8:30
WILLIAM T. WALSH
CLERK

M

HONORABLE ANNE E. THOMPSON

Petitioner,
Civil Action
No. 18-0894 (AET)

v.
UNITED STATES,

MEMORANDUM OPINION .
Respondents.

THOMPSON, U.S. District Judge:
Before the Court is Petitioner Eliyahu Weinstein's request to vacate the order of
dismissal. (ECF No. 26).
1.

Petitioner argues "dismissal may constitute a 'significant penalty' due to the strict

statute oflimitations for § 2255 petitions." The Court tolled the statute oflimitations for 30 days
by virtue of its order permitting Petitioner to refile his motions within that time.
2.

Petitioner may file an amended brief in this action challenging one judgment and

file a new action with an appropriate motion to consolidate.
3.

The Court will not require the resubmission of exhibits so long as a new,

comprehensive index of exhibits setting forth their location and title is filed along with the brief.
4.

An appropriate order follows.

_/j/ !~

~

U.S. District Judge