Opinion
14cv7649 (EP)
08-28-2023
RICARDO CEPATES, Petitioner, v. STEPHEN D'ILIO and THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, Respondents.
NOT FOR PUBLICATION
MEMORANDUM ORDER
EVELYN PADIN, DISTRICT JUDGE
Pro se Petitioner Ricardo Cepates, a prisoner at New Jersey State Prison ("NJSP"), seeks a writ of habeas corpus under 28 U.S.C. § 2254 vacating his state court conviction. D.E. 3 ("Pet."). Respondents Stephen D'ilio (NJSP's Administrator) and the Attorney General of the State of New Jersey oppose the petition. D.E. 8 ("Opp'n").
On May 16, 2023, Cepates sought an extension of time to submit his reply to Respondents' opposition due to difficulties in reviewing the papers. D.E. 25. On May 31, 2023, the Court granted Cepates a 30-day extension. D.E. 26. On June 6, 2023, Cepates submitted his reply papers in the form of a Motion to Submit Sur-Reply Nunc Pro Tune. D.E. 27 ("Mot.").
Cepates asks the Court to accept his papers nune pro tune. Id. Nune pro tune, Latin for "now for then," is "[a] doctrine that permits a court to change records so that they show what actually happened." Nune Pro Tunc. Practical Law Glossary Item 3-508-1909 (West). It is unnecessary to allow Cepates to file his reply nune pro tune because he filed it within the 30-day period granted to him by the Court on May 31, 2023. The Court will DISMISS the motion as MOOT because Cepates' reply papers are timely.
IT IS, on this 28th day of August, 2023;
ORDERED that the Motion to Submit Sur-Reply Nunc Pro Tunc, D.E. 27, is DISMISSED AS MOOT; and it is finally
ORDERED that the Clerk of the Court shall send a copy of this Order to Petitioner by regular mail.