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08-167 - Henderson v. Kastenr et al


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08-167 - Henderson v. Kastenr et al
November 5, 2008
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MEMORANDUM OPINION & ORDER: 1) clerk directed to designate Hector Rios, the Warden of USP-Big Sandy, as the proper respondent to this action; 2) Clerk directed to terminate "Kastenr" and the USA as respondents; 3) Motion to Expedite 5 is DENIED; 4) Motion to proceed IFP 3 is DENIED; 5) petitioner granted 30 days to submit $5.00 filing fee; 6) upon payment or expiration of 40 days, Clerk directed to notify Pro Se Office; 7) if petitioner fails to pay filing fee w/in 30 days court will dismiss action for want of prosecution; 8) petitioner to keep Court informed of his current mailing address. Failure to do may result in dismissal. Signed by Judge Amul R. Thapar on 11/5/2008.(RKT)cc: Jamie Christopher Henderson via US mail
December 16, 2008
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MEMORANDUM OPINION & ORDER: IT IS ORDERED as follows: (1) Petitioner Jamie Christopher Hendersons petition for writ of habeas corpus, R. 2, is DISMISSED, sua sponte, WITHOUT PREJUDICE. (2) Petitioner Jamie Christopher Hendersons Renewed Motion for an Expedited Ruling, R. 8, is DENIED as moot. (3) The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision would not be taken in good faith. (4) Judgment shall be entered contemporaneously with this Memorandum Opinion and Order in favor of the Respondent. (5) This action shall be stricken from the active docket. Signed by Judge Amul R. Thapar on 12/16/08.(MCB)cc: COR w/NOE & 1 copy w/NOE via first class mail to Jamie Christopher Henderson & Hector Rios
December 16, 2008
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JUDGMENT: the Court hereby ORDERS AND ADJUDGES: (1) Jamie Christopher Henderson, who is confined in the USP- Big Sandy, has filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2241. R.2. (2) The named respondent is Hector Rios, the Warden of USP-Big Sandy. (3) The § 2241 petition, R. 2, is DISMISSED WITHOUT PREJUDICE. (4) Judgment IS ENTERED in favor of the respondent, Hector Rios. (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. See 28 U.S.C. § 1915(a)(3). (7) This matter, 08-CV-167-ART, IS STRICKEN from the active docket.. Signed by Judge Amul R. Thapar on 12/16/08.(MCB)cc: COR & 1 copy via First Class Mail w/NOE to Jamie Christopher Henderson & Hector Rios, Warden