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08-320 - Newberry v. O'Brien et al


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08-320 - Newberry v. O'Brien et al
October 14, 2008
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MEMORANDUM AND ORDER - Petitioner shall have until November 14, 2008, to inform the court whether he wishes to treat his Petition as a motion brought pursuant to 28 U.S.C. § 2255. If Petitioner asks the court to 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. If Petitioner fails to respond, in accordance with this Memorandum andOrder, this matter will be dismissed without prejudice to reassertion in the jurisdiction in which Petitioner is confined. The Clerk of the court is directed to set a pro se case management deadline with the following text: November 14, 2008: Check for Petitioners response regarding conversion to 2255 and dismiss case if none filed. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)