VANDERBECK v. UNITED STATE OF AMERICA

Filing 8

MEMORANDUM and ORDER TO ANSWER. Signed by Judge Freda L. Wolfson on 2/11/2019. (mmh)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ERIK VANDERBECK,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Civil No. 18-4144 (FLW)

MEMORANDUM AND ORDER

Petitioner, Erik Vanderbeck (“Petitioner”), a federal prisoner presently
incarcerated at F.C.I. Fort Dix, in Fort Dix, New Jersey, is proceeding pro se with this Motion to
Vacate, Set Aside, or Correct a Sentence, pursuant to 28 U.S.C. § 2255. (See ECF No. 1.) On
December 11, 2018, the Court ordered Respondent to answer the petition within 45 days, thus
setting a deadline of January 25, 2019. (See ECF No. 7.) Due to a lapse in congressional
appropriations for funding parts of the federal government, Chief Judge Jose L. Linares, on
December 27, 2018, issued Standing Order 18-4, which stayed, for 30 days or until funding was
restored, most civil cases in this district to which the United States or its agencies or officers
were party, including this proceeding. The federal government’s funding was restored on
January 25, 2019, and thus the stay implemented by Standing Order 18-4 is no longer in effect.
Therefore, IT IS, on this 11th day of February 2019,
ORDERED that Respondent shall file a full and complete Answer to the Motion within
thirty (30) day s of the entry of this Order; and it is further
ORDERED that Respondent shall raise by way of its Answer any appropriate defenses
that it wishes the Court to consider, including, with respect to the asserted defenses, relevant
legal arguments with citations to appropriate legal authority; and it is further

ORDERED that the Answer shall be accompanied by certified copies of all notices,
opinions, documents, transcripts, or recordings of any proceedings, including all documentation
that may be material to the questions raised in the Motion; in lieu of providing certified copies,
however, the Government may cite to the criminal docket by referencing the ECF docket entry
number and the page; and it is further
ORDERED that Petitioner may file and serve a Reply in support of the Motion within
forty-five (45) days after the Answer is filed; and it is further
ORDERED that the Clerk of the Court shall serve a copy of this Order on petitioner by
regular U.S. mail.

/s/ Freda L. Wolfson
FREDA L. WOLFSON
United States District Judge

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