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08-050 - Yale v. United States of America


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08-050 - Yale v. United States of America
April 23, 2008
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MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Petitioner will not be required to pay the $5.00 fee at this time. Ordered by Chief Judge Joseph F. Bataillon. (ADB)
April 23, 2008
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MEMORANDUM AND ORDER that the petitioner shall have until May 23, 2008 in which to inform the court regarding whether he wishes to treat his Petition as a motion brought pursuant to 28 U.S.C. § 2255. If Petitioner requests that the court recharacterize his Petition as a motion brought under 28 U.S.C. § 2255, he should also indicate whether he would like to amend his Petition to contain all § 2255 claims. The Clerk of the court is directed to set a pro se case management deadline with the following text: May 23, 2008: Check for Petitioner's response regarding conversion to 2255 and dismiss case if none filed. Ordered by Chief Judge Joseph F. Bataillon. (ADB)
May 29, 2008
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MEMORANDUM AND ORDER - The Petition for Writ of Habeas Corpus 1 is recharacterized as a motion filed pursuant to 28 U.S.C. § 2255. This matter is dismissed without prejudice. The Clerk of the court is directed to refile the Petition as a motion brought pursuant to 28 U.S.C. § 2255 in Case No. 8:05CR191, assigned to Judge Laurie Smith Camp. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(JAE, )