Opinion
Civil Action No. 14-7934(RMB)
08-06-2015
DARNELL SCURRY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
NOT FOR PUBLICATION
MEMORANDUM AND ORDER
BUMB, District Judge
This matter comes before the Court upon Petitioner's written statement that he wishes to proceed with his petition, initially filed under 28 U.S.C. § 2241, as his motion to vacate, set aside or correct a sentence under 28 U.S.C. § 2255. (ECF. No. 8). Petitioner is aware that his § 2255 motion is untimely, but he seeks to submit a brief explaining why the statute of limitations should be equitably tolled.
Petitioner's judgment of conviction was entered on May 31, 2013. U.S.A. v. Scurry, Crim. Action No. 11-0851 (D.N.J. May 31, 2013, ECF No. 17.) --------
IT IS, therefore, on this 6th day of August 2015 ,
ORDERED that the Clerk shall reopen this matter; and it is further
ORDERED that Petitioner shall have until September 5, 2015 to submit to this Court his written brief explaining why the one-year statute of limitations for his § 2255 motion should be equitably tolled; and it is further
ORDERED that the Clerk shall serve this Memorandum and Order upon Plaintiff by regular U.S. Mail.
s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE