United States District Court
District of Connecticut
FILED AT NEW HAVEN
June 14 16
UNITED STATES DISTRICT COURT_______________________,20___
Digitally signed by Jane R Bauer
DISTRICT OF CONNECTICUT DN: cn=Jane R Bauer, o=US District
Jane R Bauer
Court, ou=Office of the Clerk,
[email protected],
c=US
By__________________________
Date: 2016.06.14 15:41:51 -04'00'
Deputy
STANDING ORDER RE: PETITIONS UNDER 28 U.S.C. §§ 2255 or 2241Clerk
IN LIGHT OF JOHNSON v. UNITED STATES
In light of the United States Supreme Court decision in Johnson v. United States,
135 S. Ct. 2551 (2015) and the fact that a significant number of petitions will be filed by
federal prisoners seeking relief under 28 U.S.C. §§ 2255 and 2241 before the statute of
limitations expires on June 27, 2016, this Order is issued to facilitate the orderly
administration of justice.
As agreed by the United States Attorney’s Office and the Federal Public
Defenders Office, and in order to (a) afford the effective representation of counsel; (b)
allow the Court of Appeals to clarify the application of Johnson to particular issues so
that the District Court may render consistent rulings; and (c) avoid the District Court and
the parties being overwhelmed by the filing of a significant number of petitions asserting
claims based on Johnson at one time, the Federal Public Defenders Office and other
counsel appointed for Johnson matters under the Criminal Justice Act will be permitted
to file abridged petitions under 28 U.S.C. § 2255 on or before June 27, 2016, providing
notice of the petitioner’s claim, to be followed by further briefing. The petitions are to be
supplemented by a brief that more fully sets forth the basis for the requested relief. The
time to file the full briefing by petitioner will be 90 days after filing the abridged petition.
It is suggested that individual judges defer consideration of abridged petitions
until the filing of the supplemental petition or until a fully briefed petition is filed. The
court may set a briefing schedule sua sponte or at the request of a party or parties.
Where the Court concludes that the petitioner has previously filed a petition
seeking to vacate his sentence pursuant to 28 U.S.C. § 2255 and that that previous
motion was fully adjudicated, but the petitioner includes in the abridged petition (filed on
or before June 27, 2016) a notice of a pending motion for authorization to file a
successive petition having been filed with the Court of Appeals on or before May 27,
2016, the Court shall (a) issue an Order that the abridged § 2255 petition is deemed
timely filed and thereafter hold the proceedings in abeyance pending further notice from
either party; and (2) order the petitioner to file a notice within 14 days of any final ruling
by the Court of Appeals on the pending motion.
Dated at New Haven, Connecticut, this 14th day of June, 2016.
/s/ Janet C. Hall
Janet C. Hall
Chief U.S. District Judge
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