Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

08-914 - Frazier v. Armstrong


Download Files

Metadata

Document in Context
08-914 - Frazier v. Armstrong
September 24, 2008
PDF | More
DECISION & ORDER: that pltf's claims for compensatory & punitive damages arising under section 1983 against deft Kari Armstrong are DISMISSED for failure to state a claim pursuant to 28 U.S.C. 1915(e); Pltf is directed to file a response to this Order within 30 days of the filing date either demonstrating why the present action should not be construed as a section 2254 petition; OR consenting to the conversion of this action as one filed pursuant to 28 U.S.C. 2254. Pltf's failure to respond to this Order within 30 days will result in the conversion of this section 1983 complaint to a habeas petition filed pursuant to 28 U.S.C. 2254; Upon the filing of pltf's response, the Clerk is directed to forward the entire file to the Court for review; If pltf fails to file a response within the time period set forth above, the complaint shall be converted to an action filed pursuant to 28 U.S.C. 2254. The Clerk of the Court will then correct the docket accordingly & forward this file to the Court for further review; denying without prejudice to further review once pltf has responded to this Order the 2 Motion for Leave to Proceed in forma pauperis; The Clerk of the Court shall serve a copy of this Order on pltf, together with a blank form Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 in accordance w/this Court's local rules. Signed by Judge David N. Hurd on 9/24/2008. (see)
December 16, 2008
PDF | More
DECISION & ORDER: Frazier's 2 MOTION for Leave to Proceed in forma pauperis is GRANTED; the Clerk is directed to convert the remaining portion of Frazier's 1 Complaint, which seeks his release from custody, into a HABEAS CORPUS PETITION UNDER 28 U.S.C. 2254 for the reasons stated herein and in the September Order; Frazier's converted pleading (Dkt. No. 1) is DISMISSED WITHOUT PREJUDICE for the reasons discussed herein; and The Clerk of Court is directed to serve a copy of this Decision & Order on Frazier by regular mail. Signed by Judge David N. Hurd on 12/16/2008. (see)