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08-127 - Weems v. Rios


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08-127 - Weems v. Rios
September 19, 2008
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MEMORANDUM OPINION & ORDER: IT IS ORDERED as follows: (1) Petitioner Tony Weems s petition for writ of habeas corpus Record No. 2 is DENIED.(2) This action shall be DISMISSED WITH PREJUDICE, sua sponte, from the docketof the Court. (3) Judgment shall be entered contemporaneously with this Memorandum Opinion and Order in favor of the respondent. Signed by Judge Karen K. Caldwell on 9/19/08.(MCB)cc: COR w/NOE & copy via first class mail to Tony Weems and Hector Rios
September 19, 2008
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JUDGMENT: it is ORDERED AND ADJUDGED: (1) Tony Weems, who is currently incarcerated in the United States Penitentiary-Big Sandy has filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241. (2) The named respondent is Hector Rios, the warden of USP-Big Sandy. (3) The § 2241 petition is DISMISSED WITHOUT PREJUDICE. (4) Judgment IS ENTERED in favor of the Hector Rios, the warden of USP-Big Sandy. (5) This is a FINAL and APPEALABLE ORDER and there is no just cause for delay. (6) The Court certifies that any appeal would not be taken in good faith. 28 U.S.C. § 1915(a)(3); McGore v. Wrigglesworth, 114 F.3d 601, 610-11 (6th Cir. 1997); Kincade v. Sparkman, 117 F.3d 949 (6th Cir. 1997). (7) This matter [08-CV-127-KKC] IS STRICKEN from the active docket. Signed by Judge Karen K. Caldwell on 9/19/08.(MCB)cc: COR w/NOE & 1 copy via first class mail to Tony Weems & Hector Rios
October 8, 2008
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MEMORANDUM OPINION & ORDER: Accordingly, the Court being advised, IT IS ORDERED that the "Motion to Correct Judgment Pursuant to Rule 59(e); and Declaration in Support" Record No. 10, filed by Petitioner Tony Weems, is DENIED. Signed by Judge Karen K. Caldwell on 10/8/08.(MCB)cc: COR w/NOE & copy via first class mail to Tony Weems & Hector Rios