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Huff v. U.S., 16-2296 (CCC). (2016)

Court: District Court, D. New Jersey Number: infdco20160602e44 Visitors: 6
Filed: May 31, 2016
Latest Update: May 31, 2016
Summary: NOT FOR PUBLICATION MEMORANDUM AND ORDER CLAIRE C. CECCHI , District Judge . Pro se Petitioner Bryam K. Huff, a prisoner confined at a Federal Correctional Institution in Bradford, Pennsylvania, seeks to file a motion to vacate 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.Ci
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NOT FOR PUBLICATION

MEMORANDUM AND ORDER

Pro se Petitioner Bryam K. Huff, a prisoner confined at a Federal Correctional Institution in Bradford, Pennsylvania, seeks to file a motion to vacate 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. 81.2(a). Petitioner did not sign the Petition, nor did he sign the declaration stating that the motion contains all the grounds for relief that Petitioner 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 31 day of May, 2016,

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 & Acc. 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. 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[.]"); 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; Petitioner's 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 petition, the Clerk will be directed to reopen this case; and it is further

ORDERED that the Clerk shall serve a copy of this Memorandum and Order upon Petitioner by regular U.S. mail.

Source:  Leagle

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