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08-109 - Cosgrove v. Rios


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08-109 - Cosgrove v. Rios
September 19, 2008
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MEMORANDUM OPINION & ORDER: ORDERED: (1) Petitioner's construed Eighth Amend excessive force claims DISMISSED WITHOUT PREJUDICE to Cosgrove asserting in a civil rights action filed pur 28:1331; (2) Petitioner's Fifth Amendment process claims SEVERED and DISMISSED W/OUT PREJUDICE to Cosgrove reasserting same in sep petition pur 28:2241; (3) Petitioner's Fifth Amendment due process claims pertaining to Community Corrections Center placement SEVERED from this action and DISMISSED WITHOUT PREJUDICE to Cosgrove asserting same in sep petition filed pur 28:2241; (4) Only remaining issues before Court is 2241 proceeding is Fifth Amendment Claim as to "Assault on Prison Guard Convictions". (5) Petitioner submit copies of his BP-10 and BP-11 appeals and BOP's responses on claim regarding "Assault on Prison Guard Convictions" w/in 30 days from date ent this order due 10/19/08; (6) Petitioner instructed to keep Clerk informed current mailing adress. Failure to notify address change may result in dismissal; (7) Upon filing documents, or exp 40 days from date ent this order Clerk notify Pro Se Office. Signed by Judge Karen K. Caldwell on 9/19/08.(MCB)cc: COR & copy via first class mail to Charles Cosgrove, Jr. and Hector Rios, Jr.
October 21, 2008
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MEMORANDUM OPINION & ORDER: 1) petition for writ of habeas corpus 2 is DENIED; 2) action will be DISMISSED WITH PREJUDICE, sua sponte, from docket of court and judgment shall be entered contemporaneously with this Memo Opinion & Order in favor of the respondent. Signed by Judge Karen K. Caldwell on 10/21/2008.(RKT)cc: Charles Cosgrove, Jr. via US mail w/NOE