MARTINO v. UNITED STATES OF AMERICA, No. 1:2021cv00037 - Document 37 (D.N.J. 2022)

Court Description: MEMORANDUM OPINION & ORDER denying without prejudice, Petitioner's 36 Motion for Order to Show Cause; ORDERED that the Clerk will send a copy of this Order and the Court's 2/10/2022 Opinion and Order, ECF Nos. 28 & 29 , to Robert C. Wolf, Esq. by certified mail; ORDERED that Robert C. Wolf, Esq., produce the requested documents by 5/31/2022, etc. Signed by Judge Noel L. Hillman on 5/12/2022. (dmr)(n.m.)

Download PDF

MARTINO v. UNITED STATES OF AMERICA Doc. 37 Case 1:21-cv-00037-NLH Document 37 Filed 05/12/22 Page 1 of 3 PageID: 200 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NICHOLAS KYLE MARTINO, Petitioner, 1:21-cv-0037 (NLH) MEMORANDUM OPINION & ORDER v. UNITED STATES OF AMERICA, Respondent. APPEARANCES: Nicholas Kyle Martino 106 B Hurffville-Grenloch Road Sewell, NJ 08080 Petitioner pro se Philip R. Sellinger, United States Attorney Sara Aliya Aliabadi, Assistant United States Attorney Office of the U.S. Attorney 401 Market Street 4th Floor P.O. Box 2098 Camden, NJ 08101 Counsel for Respondent HILLMAN, District Judge WHEREAS, Petitioner Nicholas Kyle Martino filed a motion to correct, vacate, or set aside his federal sentence under 28 U.S.C. § 2255, ECF No. 1; and WHEREAS, on February 10, 2022, the Court granted a portion of Petitioner’s motion for discovery. ECF No. 29. The Court Dockets.Justia.com Case 1:21-cv-00037-NLH Document 37 Filed 05/12/22 Page 2 of 3 PageID: 201 ordered Petitioner’s trial counsel, Robert C. Wolf, Esq., to “produce the documents requested in Items 1 and 5 of the motion for discovery to Petitioner by March 31, 2022.” Id. (citing 28 U.S.C. § 1651); and WHEREAS, the United States informed the Court that it “spoke with Mr. Wolf on the telephone on February 11, 2022, to inform him of the Opinion and Order.” ECF No. 31; and WHEREAS, Petitioner filed a motion for an Order to Show Cause stating that Mr. Wolf had not complied with the Court’s Order. ECF No. 36. He alleges that Mr. Wolf has not produced the documents to him or otherwise communicated with Petitioner as of April 18, 2022. Id. at 2. He asks the Court to issue an Order to Show Cause why Mr. Wolf should not be held in contempt of the Court’s Order as well as directing Mr. Wolf to comply with the Order within 14 days, id.; and WHEREAS, “all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” 28 U.S.C. § 1651(a). The Court has jurisdiction over Petitioner’s challenge to his federal conviction and sentence under 28 U.S.C. § 2255. His motion for discovery sought communications with trial counsel relating to his § 2255 claims, and this Court concluded the requested documents were relevant to the proceedings, ECF No. 29; and 2 Case 1:21-cv-00037-NLH Document 37 Filed 05/12/22 Page 3 of 3 PageID: 202 WHEREAS, the Court will deny Petitioner’s motion without prejudice. The Court will direct Robert Wolf to comply with its February 10, 2022 Order by May 31, 2022. The Court will direct the Clerk to send a copy of this Order and the February 10, 2022 Opinion and Order to Robert Wolf by certified mail; and WHEREAS, Petitioner may file any supplement brief and appendix by June 30, 2022. The United States may file a response to the supplement by July 15, 2022, THEREFORE, IT IS on this 12th day of May , 2022 ORDERED that Petitioner’s motion for an order to show case, ECF No. 36, be, and hereby is, denied without prejudice; and it is further ORDERED that the Clerk will send a copy of this Order and the Court’s February 10, 2022 Opinion and Order, ECF Nos. 28 & 29, to Robert C. Wolf, Esq. by certified mail; and it is further ORDERED that Robert C. Wolf, Esq., produce the requested documents by May 31, 2022, 28 U.S.C. § 1651; and it is further ORDERED that Petitioner may file any supplement brief and appendix by June 30, 2022. The United States may file a response to the supplement by July 15, 2022; and it is finally ORDERED that the Clerk of the Court shall serve a copy of this Order on Petitioner by regular mail. s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.