DERRY v. THE UNITED STATES OF AMERICA, No. 1:2018cv16216 - Document 3 (D.N.J. 2018)
Court Description: MEMORANDUM OPINION. Signed by Judge Noel L. Hillman on 12/4/2018. (rtm, )(nm)
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DERRY v. THE UNITED STATES OF AMERICA Doc. 3 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MALIK DERRY, : : : : : : : : : : : Petitioner, v. UNITED STATES OF AMERICA, Respondent. No. 18-cv-16216 (NLH) MEMORANDUM OPINION It appearing that: 1. Pro se Petitioner Malik Derry, a prisoner confined at the United States Penitentiary at Lee in Jonesville, Virginia, seeks to file a motion to vacate pursuant 28 U.S.C. § 2255. ECF No. 1. 2. Local Civil Rule 81.2 provides: Unless prepared by counsel, under 28 U.S.C. §2255 shall (legibly handwritten in ink signed by the petitioner or supplied by the Clerk. . . . motions be in writing or typewritten), movant, on forms L. Civ. R. 81.2(a). 3. Petitioner did not use the required form supplied by the Clerk for § 2255 motions, i.e., AO243 (modified): DNJHabeas-004 (Rev. 01-2014). In addition, the Court notes that the Petitioner failed to sign the motion, as he is required to do under penalty of perjury. Dockets.Justia.com 4. As a result, the Court will administratively terminate this matter. If Petitioner wishes to reopen this case, within 30 days, he must submit a complete, signed motion on the correct form. The Court will direct the Clerk of Court to provide Petitioner with the correct form to use in any future filing. 5. An appropriate order follows. Dated: December 4, 2018 At Camden, New Jersey s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. 2
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