POLO v. ORTIZ et al
| JACK E. POLO |
| DAVID D. ORTIZ and UNITED STATES OF AMERICA |
| 2:2016cv05137 |
| August 23, 2016 |
| US District Court for the District of New Jersey |
| Newark Office |
| Essex |
| Kevin McNulty |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
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The following documents for this case are available for you to view or download:
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Filing
20
OPINION. Signed by Judge Kevin McNulty on 7/29/2019. (ld, )
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Filing
8
MEMORANDUM AND ORDER TO ANSWER: It is ORDERED that respondent Warden David D. Ortiz is dismissed with prejudice from this action, and the United States of America is substituted as Respondent; and it is further ORDERED that within forty-five (45) day s of the date of the entry of this Order, the United States shall electronically file and serve an answer to the § 2255 motion; and it is further ORDERED that petitioner may serve and file a reply to the answer within forty-five (45) days after the answer is filed, etc. Signed by Judge Kevin McNulty on 10/20/2016. (seb)
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Filing
2
MEMORANDUM AND ORDER ADMINISTRATIVELY DISMISSING CASE: It is ORDERED that 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; and it is further ORDERED that the Clerk's service of the blank section 2255 form shall not be construed as this Court's finding that the motion is or is not timely, or that petitioner's cla ims are or are not procedurally defaulted; and it is further ORDERED that if petitioner wishes to reopen this case, he shall so notify the Court, in writing within thirty (30) days of the date of entry of this Memorandum and Order; and 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 of the Court will be directed to reopen this case, etc. Signed by Judge Kevin McNulty on 8/25/2016. (seb)
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