Opinion
Civ. No. 20-19377 (NLH)
02-22-2021
TERRELLE NELSON, Petitioner, v. WARDEN BERGAMI, Respondent.
APPEARANCE: Terrelle Nelson 70270-050 Fairton Federal Correctional Institution P.O. Box 420 Fairton, NJ 08320 Petitioner Pro se Rachael A. Honig, Acting United States Attorney Jane Dattilo, Assistant U.S. Attorney United States Attorney's Office for the District of New Jersey 970 Broad Street 7th Floor Newark, NJ 07102 Attorneys for Respondent
MEMORANDUM OPINION & ORDER
APPEARANCE: Terrelle Nelson
70270-050
Fairton
Federal Correctional Institution
P.O. Box 420
Fairton, NJ 08320
Petitioner Pro se Rachael A. Honig, Acting United States Attorney
Jane Dattilo, Assistant U.S. Attorney
United States Attorney's Office for the District of New Jersey
970 Broad Street
7th Floor
Newark, NJ 07102
Attorneys for Respondent HILLMAN, District Judge
WHEREAS, Petitioner Terrelle Nelson filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, see ECF No. 1; and
WHEREAS, the Court ordered Respondent to answer the petition on January 8, 2021, see ECF No. 2; and
WHEREAS, the Court subsequently granted Respondent's request for an extension until March 10, 2021 to submit its answer, ECF No. 5; and
WHEREAS, Petitioner filed a motion for procedural default arguing that Respondent did not file its answer within the time set by the Court in its January 8, 2021 order, ECF No. 6; and
WHEREAS, it appears Petitioner submitted his motion for mailing before he received the Court's extension order,
THEREFORE, IT IS on this 22nd day of February, 2021
ORDERED that Petitioner's motion for default, ECF No. 6, is denied; and it is finally
ORDERED that the Clerk shall send Petitioner a copy of this Order by regular mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey