Adelglass v. United States of America
- Moses
- 1:26-cv-04229
- U.S. District Court · Southern District of New York
- 1
In Howard Adelglass v. United States, Judge Moses extended Adelglass’s response deadline to the government’s timeliness motion without deciding the motion.
Howard Adelglass, who received additional time to respond to the United States’ motion to dismiss, and the United States, whose reply deadline was also extended.
What happened
Howard Adelglass v. United States concerns Adelglass’s petition asking the court to set aside his criminal conviction under section 2255. The government asked the court to dismiss the petition as filed too late, and Adelglass had not responded by the original deadline.
The court explained that the Second Circuit affirmed Adelglass’s conviction on December 12, 2024, and that the deadline to ask the Supreme Court to review that decision expired on March 12, 2025. Unless another statutory exception applies, Adelglass had one year from that date to file his petition. His petition was signed on May 12, 2026, and postmarked May 15, 2026.
Judge Barbara Moses extended Adelglass’s deadline to respond to the government’s motion to September 10, 2026, because he is proceeding without a lawyer. The government may file a reply by September 18, 2026. The court did not decide the motion to dismiss or the petition’s merits.
The detailed version
- Adelglass v. United States of America · No. 1:26-cv-04229
- Moses
- Aug. 20, 2026
Background
Howard Adelglass filed a petition under 28 U.S.C. § 2255, a procedure allowing a federal prisoner to challenge a conviction or sentence. The United States moved to dismiss the petition as untimely, meaning filed after the applicable deadline. On July 9, 2026, the court ordered Adelglass to respond by August 10, 2026. He did not file a response by that date.
Timeliness issue
The order states that the Second Circuit affirmed Adelglass’s conviction on December 12, 2024. The 90-day period for seeking Supreme Court review ended on March 12, 2025. Under § 2255(f)(1), the ordinary one-year limitation period therefore required filing by March 12, 2026, unless one of the alternative provisions in § 2255(f)(2), (3), or (4) applies. Adelglass’s petition was dated and signed May 12, 2026, and its postmark was May 15, 2026.
Ruling and current deadlines
Judge Barbara Moses extended Adelglass’s deadline to respond to the government’s motion to September 10, 2026, recognizing that he is proceeding without a lawyer. If he does not respond by then, the court may treat the motion as unopposed. The government’s deadline to file a reply, if any, was extended to September 18, 2026. The government’s deadline to respond on the merits of the § 2255 petition remains 30 days after the court decides the motion to dismiss on timeliness grounds. The order did not decide the government’s motion or the § 2255 petition.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.