NELSON v. WARDEN BERGAMI, No. 1:2020cv19377 - Document 7 (D.N.J. 2021)

Court Description: MEMORANDUM OPINION & ORDER denying Petitioner's 6 Motion for Procedural Default. Signed by Judge Noel L. Hillman on 2/22/2021. (dmr)(n.m.)

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NELSON v. WARDEN BERGAMI Doc. 7 Case 1:20-cv-19377-NLH Document 7 Filed 02/22/21 Page 1 of 2 PageID: 40 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ : TERRELLE NELSON, : : Petitioner, : Civ. No. 20-19377 (NLH) : v. : MEMORANDUM OPINION & ORDER : : WARDEN BERGAMI, : : Respondent. : ______________________________: APPEARANCE: Terrelle Nelson 70270-050 Fairton Federal Correctional Institution P.O. Box 420 Fairton, NJ 08320 Petitioner Pro se Rachael A. Honig, Acting United States Attorney Jane Dattilo, Assistant U.S. Attorney United States Attorney's Office for the District of New Jersey 970 Broad Street 7th Floor Newark, NJ 07102 Attorneys for Respondent HILLMAN, District Judge WHEREAS, Petitioner Terrelle Nelson filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, see ECF No. 1; and WHEREAS, the Court ordered Respondent to answer the petition on January 8, 2021, see ECF No. 2; and Dockets.Justia.com Case 1:20-cv-19377-NLH Document 7 Filed 02/22/21 Page 2 of 2 PageID: 41 WHEREAS, the Court subsequently granted Respondent’s request for an extension until March 10, 2021 to submit its answer, ECF No. 5; and WHEREAS, Petitioner filed a motion for procedural default arguing that Respondent did not file its answer within the time set by the Court in its January 8, 2021 order, ECF No. 6; and WHEREAS, it appears Petitioner submitted his motion for mailing before he received the Court’s extension order, THEREFORE, IT IS on this 22nd day of February, 2021 ORDERED that Petitioner’s motion for default, ECF No. 6, is denied; and it is finally ORDERED that the Clerk shall send Petitioner a copy of this Order by regular mail. s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey 2

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