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08-159 - Herrera v. Rios


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08-159 - Herrera v. Rios
September 2, 2008
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MEMORANDUM OPINION & ORDER: 1) petition for writ of habeas corpus 2 is DENIED; 2) action is DISMISSED WITHOUT PREJUDICE, sua sponte, from the Court's active docket; 3) judgment shall be entered contemporaneously with this Memo Opinion & Order in favor of warden/respondent, Hector Rios. Signed by Judge Karen K. Caldwell on 9/2/2008.(RKT)cc: Emmitt Herrera via US mail
September 2, 2008
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JUDGMENT: 1) Emmitt Herrera has submitted a pro se petition for writ of habeas corpus; 2) named respondent is Hector A. Rios, warden of USP-Big Sandy; 3) 2241 petition is DISMISSED WITHOUT PREJUDICE; 4) judgment is entered in favor of Hector A. Rios, the named respondent; 5) this is a FINAL and APPEALABLE ORDER & there is no just cause for delay; 6) Court certifies that any appeal would not be taken in good faith; 7) this matter is STRICKEN from the active docket. Signed by Judge Karen K. Caldwell on 9/2/2008.(RKT)cc: Emmitt Herrera via US mail w/NOE