POLO v. ORTIZ et al
Petitioner: JACK E. POLO
Respondent: DAVID D. ORTIZ and UNITED STATES OF AMERICA
Case Number: 2:2016cv05137
Filed: August 23, 2016
Court: US District Court for the District of New Jersey
Office: Newark Office
County: Essex
Presiding Judge: Kevin McNulty
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
July 29, 2019 Opinion or Order Filing 20 OPINION. Signed by Judge Kevin McNulty on 7/29/2019. (ld, )
October 20, 2016 Opinion or Order 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)
August 25, 2016 Opinion or Order 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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Petitioner: JACK E. POLO
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Respondent: DAVID D. ORTIZ
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Respondent: UNITED STATES OF AMERICA
Represented By: THOMAS J. EICHER
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