United States District Court, D. New Jersey
ANNE E. THOMPSON, District Judge.
Petitioner is proceeding pro se with a Motion to Vacate, Correct, or Set Aside his sentence pursuant to 28 U.S.C. § 2255. (Docket Entry 1).
1. Petitioner was tried before a jury and convicted of conspiracy to commit bank robbery, 18 U.S.C. § 1951; two counts of bank robbery, 18 U.S.C. § 2113(a); and two counts of possession and discharge of a firearm during a crime of violence, 18 U.S.C. § 924(c)(1)(A). (Docket Entry 1 ¶ 4). United States v. Lynn, No. 07-0454-03 (AET) (D.N.J. 2009).
2. On May 28, 2009, this Court sentenced Petitioner to 481 months imprisonment followed by five years of supervised release.
3. Petitioner timely appealed. The Court of Appeals for the Third Circuit affirmed the convictions and sentence. United States v. Herrera-Genao, 419 F.Appx. 288, 291 (3d Cir. 2011).
4. Petitioner did not file a petition for writ of certiorari. (Docket Entry 1 ¶ 9(g)).
5. Petitioner filed the instant motion on September 17, 2013. (Docket Entry 1 at 13).
6. On May 20, 2014, this Court advised Petitioner of his rights under United States v. Miller, 197 F.3d 644 (3d Cir. 1999), and directed Petitioner to inform the Court within 45 days as to how he wanted to proceed. (Docket Entry 2).
7. On June 3, 2014, the Miller order was returned to the Court as undeliverable. (Docket Entry 4).
8. On August 28, 2014, this Court resent its Miller order to Petitioner at his new location. (Docket Entry 5).
9. On September 9, 2014, the Miller order was again returned to the Court as undeliverable. (Docket Entry 6).
10. On December 19, 2014, the Miller order was sent to Petitioner once again, along with an advisement that failure to respond to the Court with Petitioner's current address may result in the motion being dismissed for failure to prosecute. (Docket Entry 7).
11. Petitioner submitted a change of address to the Court on January 5, 2015. (Docket Entry 8).
12. Petitioner has not notified the Court regarding its Miller order, therefore pursuant to Miller, 197 F.3d at 652 n.7, and this Court's May 20, 2014 order, ...