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Pierce v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Oct 29, 2019
1:16-cv-5107-NLH (D.N.J. Oct. 29, 2019)

Opinion

1:16-cv-5107-NLH

10-29-2019

DARYL PIERCE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

APPEARANCES: Daryl Pierce, 05620-067 FCI Cumberland PO Box 1000 Cumberland, MD 21501 Petitioner pro se Diana V. Carrig, Assistant United States Attorney Office of the US Attorney US Post Office Building 401 Market Street, 4th Floor Camden, NJ 08101 Attorneys for Respondent


MEMORANDUM OPINION & ORDER

APPEARANCES: Daryl Pierce, 05620-067
FCI Cumberland
PO Box 1000
Cumberland, MD 21501

Petitioner pro se Diana V. Carrig, Assistant United States Attorney
Office of the US Attorney
US Post Office Building
401 Market Street, 4th Floor
Camden, NJ 08101

Attorneys for Respondent HILLMAN , District Judge

WHEREAS, Petitioner Daryl Pierce filed a Motion to Vacate, Set Aside or Correct his federal sentence based on the Supreme Court's decision in Johnson v United States, 135 S. Ct. 2551 (2015), see ECF No. 1; and

WHEREAS, on May 15, 2017, Petitioner filed a motion to compel asking the Court to order Respondent to answer the petition in conformance with the terms of Standing Order 16-2 that set briefing schedules for all cases raising claims under Johnson, see ECF No. 5; and

WHEREAS, on May 23, 2017, the Court ordered Respondent United States to answer the petition, see ECF No. 6; and

WHEREAS, Petitioner filed a motion for summary judgment on January 9, 2018 arguing that Respondent had failed to answer the petition, see ECF No. 14. Respondent had filed a motion to dismiss the § 2255 petition on July 17, 2017, see ECF No. 12. The motion to dismiss was denied, but Respondent was given permission to file a second motion to dismiss, see ECF No. 21; and

WHEREAS, Respondent filed a second motion to dismiss on May 7, 2018, see ECF No. 22. Petitioner filed a motion for an extension of time to file a response to the motion on June 8, 2018, see ECF No. 24. He filed his response on June 14, 2018, see ECF No. 25; and

WHEREAS, the Court has since denied the second motion to dismiss and ordered Respondent to file a full and complete answer to the § 2255 petition, see ECF No. 27,

THEREFORE, IT IS on this 29th day of October, 2019

ORDERED that Petitioner's motion to compel (ECF No. 5), motion for summary judgment, (ECF No. 14), and motion for extension of time, (ECF No. 24), are dismissed as moot; and it is further

ORDERED that this Order has no impact on Respondent's time to answer the § 2255 petition; and it is finally

ORDERED that the Clerk of the Court shall serve a copy of this Order on Petitioner by regular first-class mail.

s/ Noel L. Hillman

NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey


Summaries of

Pierce v. United States

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
Oct 29, 2019
1:16-cv-5107-NLH (D.N.J. Oct. 29, 2019)
Case details for

Pierce v. United States

Case Details

Full title:DARYL PIERCE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Oct 29, 2019

Citations

1:16-cv-5107-NLH (D.N.J. Oct. 29, 2019)