Opinion
1:20-cv-0881 (NLH)
01-29-2020
ELIJAH BURKS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
APPEARANCES: Elijah Burks 63232-050 Bennettsville Federal Correctional Institution Inmate Mail/Parcels P.O. Box 52020 Bennettsville, SC 29512 Petitioner pro se
MEMORANDUM OPINION & ORDER
APPEARANCES: Elijah Burks
63232-050
Bennettsville
Federal Correctional Institution
Inmate Mail/Parcels
P.O. Box 52020
Bennettsville, SC 29512
Petitioner pro se HILLMAN , District Judge
WHEREAS, on December 20, 2019, Petitioner Elijah Burks filed an application for leave to file a second or successive 28 U.S.C. § 2255 petition pursuant to 28 U.S.C. § 2244(b) in the United States Court of Appeals for the Third Circuit, see ECF No. 1-2; see also In re: Elijah Burks, No. 19-3922 (3d Cir. Dec. 20, 2019); and
WHEREAS, the Third Circuit dismissed the application on January 28, 2020 because Petitioner's first motion under § 2255 is still pending in this Court, see ECF No. 1-2; see also Burks v. United States, No. 19-16331 (D.N.J. filed Aug. 5, 2019); and
WHEREAS, the Court had administratively terminated Civil Action No. 19-16331 because Petitioner did not submit the required certification that he was aware of the requirements that he must present all of his claims in a single § 2255 motion, see No. 19-16331 ECF No. 2; see also United States v. Miller, 197 F.3d 644 (3d Cir. 1999); and
WHEREAS, Petitioner submitted a memorandum of law containing the required Miller certification, see No. 19-16331 ECF No. 3; and
WHEREAS, the Court reopened Civil Action No. 19-16331 on January 28,2020 and ordered the United States to answer the § 2255 motion, see No. 19-16331 ECF No. 5; and
WHEREAS, Petitioner's claims are now proceeding under Civil Action No. 19-16331, the Court will close this action to preserve Petitioner's original filing date and to avoid confusion. All further communication with the Court should reference Civil Action No. 19-16331; and
WHEREAS, the Court will instruct the Clerk to file Docket Entry 1 in Civil Action No. 19-16331 as an amended petition. A new order to answer will follow in that civil action;
THEREFORE, IT IS on this 29th day of January, 2020
ORDERED that the Clerk shall file Docket Entry 1 in Civil Action No. 19-16331 as a new docket entry captioned "Second Amended MOTION to Vacate, Set Aside or Correct Sentence (2255) In Re to Criminal Case file 11-627, filed by ELIJAH BURKS"; and it is further
ORDERED that the Clerk shall file a copy of this Order in Civil Action No. 19-16331 for informational purposes only; and it is finally
ORDERED that the Clerk shall serve a copy of this Order upon Petitioner by regular mail and mark this case closed.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey