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16-1391 - RAZZAK v. HERRING et al


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16-1391 - RAZZAK v. HERRING et al
December 15, 2016
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ORDER AND RECOMMENDATION as to BASIR MATEEN RAZZAK, signed by MAG/JUDGE L. PATRICK AULD on 12/15/2016. ORDERED that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Petitioner § 2254 forms, instructions, and a current application to proceed in forma pauperis. RECOMMENDED that this action be construed as a habeas petition under 28 U.S.C. § 2254 and dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current Petition. The new petition must be accompanied by either the five dollar filing fee or a current application to proceed in forma pauperis. Re 1 Petition for Writ of Habeas Corpus. Objections to R&R due by 1/3/2017. Objections to R&R for Pro Se due by 12/29/2016. (Butler, Carol)
February 10, 2017
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ORDER signed by JUDGE LORETTA C. BIGGS on 2/9/2017 adopting the Magistrate Judge's Recommendation 2; that this action is construed as a habeas petition under 28 U.S.C. § 2254 and dismissed sua sponte without prejudice to Petitioner filing a new petition which corrects the defects of the current Petition. The new petition must be accompanied by either the five dollar filing fee or a current application to proceed in forma pauperis. A Judgment dismissing this action will be entered contemporaneously with this Order. (Sheets, Jamie)