LACERDA v. UNITED STATES OF AMERICA, No. 1:2022cv00026 - Document 11 (D.N.J. 2022)
Court Description: MEMORANDUM OPINION & ORDER granting Petitioner's 9 Motion for Extension of Time. The opposition is considered timely filed, etc. Signed by Judge Noel L. Hillman on 5/13/2022. (dmr)
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LACERDA v. UNITED STATES OF AMERICA Doc. 11 Case 1:22-cv-00026-NLH Document 11 Filed 05/13/22 Page 1 of 3 PageID: 100 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ______________________________ : ADAM LACERDA, : : Petitioner, : Civ. No. 22-0026 (NLH) : v. : MEMORANDUM OPINION & ORDER : : UNITED STATES OF AMERICA, : : Respondent. : ______________________________: APPEARANCES: Brandon Creighton Sample, Esq. Brandon Sample PLC 1701 Pennsylvania Avenue NW # 200 Washington, DC 20006-4823 Attorneys for Petitioner Philip R. Sellinger, United States Attorney R. David Walk, Assistant U.S. Attorney United States Attorney's Office for the District of New Jersey 401 Market Street, 4th Floor PO Box 2098 Camden, NJ 08101 Attorneys for Respondent HILLMAN, District Judge WHEREAS, Petitioner Adam Lacerda filed a motion to correct, vacate, or set aside his federal sentence pursuant to 28 U.S.C. § 2255, see ECF No. 1; and WHEREAS, the Court granted Respondent’s unopposed motion to extend its time to answer until May 6, 2022, see ECF No. 7; and Dockets.Justia.com Case 1:22-cv-00026-NLH Document 11 Filed 05/13/22 Page 2 of 3 PageID: 101 WHEREAS, on April 28, 2022, Respondent filed a motion for an order “authorizing Lacerda’s first and second trial counsel, Marc Neff, Esquire, and Mark Cedrone, Esquire, to talk with the United States about Lacerda’s allegations of ineffective assistance of counsel in his 28 U.S.C. § 2255 motion, supporting brief, and declaration.” ECF No. 8. It also requested “that the Court extend the time for the Government’s answer until four weeks after the date of the entry of the Court’s Order.” Id. at 2; and WHEREAS, Petitioner filed a motion to extend its time to respond to the motion, ECF No. 9, followed shortly by its opposition to Respondent’s request to interview trial counsel, ECF No. 10; and WHEREAS, the Court will grant Petitioner’s motion and accept its opposition as timely filed; and WHEREAS, Petitioner is not opposed to a “final extension of time for the United States to respond to Lacerda’s § 2255 motion.” ECF No. 10 at 10. The Court will therefore extend the time for the United States’ response to four weeks after the order resolving the motion to interview counsel, THEREFORE, IT IS on this 13th day of May, 2022 ORDERED that Petitioner’s request for an extension, ECF No. 9, is granted, and the opposition is considered timely filed; and it is further 2 Case 1:22-cv-00026-NLH Document 11 Filed 05/13/22 Page 3 of 3 PageID: 102 ORDERED that the United States’ response to the § 2255 motion is extended to four weeks after entry of the order resolving the United States’ motion to interview counsel. s/ Noel L. Hillman NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey 3
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