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13-167 - Bellar v. Sepanek

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13-167 - Bellar v. Sepanek
January 15, 2014
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MEMORANDUM OPINION & ORDER, 1) overruled as MOOT 2 MOTION for Leave to Proceed in forma pauperis filed by Byron Bellar 2) Petition for writ of habeas corpus is DENIED AS PREMATURE 3) If Bellar wishes to pursue the Fifth and Sixth Amd claims he raises in his current 2241 he must file a 2255 motion attacking his conviction and sentence in USDC/SDIN on or before 7/2/14; action is DISMISSED WITHOUT PREJ to Bellar's right to assert claims in USDC/SDIN to 28 USC 2255 5) Judgment is ent with this MO&O in favor of resp.. Signed by Judge Henry R. Wilhoit, Jr on 1/15/14.(SMT)cc: COR, Bellar via USMail