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08-3001 - Terry v. State of Nebraska


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08-3001 - Terry v. State of Nebraska
April 16, 2008
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MEMORANDUM AND ORDER - The Complaint or petition for writ of error coram nobis 1, construed as a successive motion filed under 28 U.S.C. § 2255, is dismissed. The Plaintiff's motion for leave to proceed in forma pauperis 3 is denied as moot. The Clerk is directed to: a. file the Complaint (4:08CV3001, Filing No. 1) in 8:03CR324 as a motion to vacate, etc. brought under 28 U.S.C. § 2255; b. file this Memorandum and Order in both cases captioned above. The motion to vacate, etc. filed under 28 U.S.C. § 2255 (8:03CR324, Filing No. 82) is summarily denied. A separate judgment will be filed in both cases captioned above. The Clerk shall mail a copy of this Memorandum and Order to David A. Terry at his most recent address. Ordered by Judge Laurie Smith Camp. (Copy mailed to pro se party)(JAE, )