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15-408 - Powell v. Hanson


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15-408 - Powell v. Hanson
March 30, 2016
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Memorandum Opinion and Order: The Court finds that respondent has not carried his burden to establish that he is entitled to judgment as a matter of law on Powell's petition. Accordingly, respondent's motion to dismiss Powell's petition for habeas relief pursuant to 28 U.S.C. Section 2241 is denied without prejudice. (Doc. No. 6.) Respondent shall file an answer to the petition by April 13, 2016. Petitioner may file a reply by May 11, 2016. Because the present briefing indicates that the petitioner's release date may be in the next few months, no extensions will be granted absent extraordinary circumstances. The parties' briefs shall contain a statement of the facts upon which they rely and, where applicable, make specific references to the record. Briefs shall also contain a statement of the applicable law and citations to relevant case and statutory authorities. When a party has a change of address, the party must immediately inform the Court of the new address or risk the waiver of his right to present arguments, or dismissal of his case. The Clerk of Court shall forward a copy of the petition and this order to the respondent, the Attorney General of the United States, and to the Office of the United States Attorney, Northern District of Ohio. The Clerk shall also forward a copy of this order to the petitioner. Judge Sara Lioi on 3/30/2016. (P,J)
December 30, 2016
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Judge Sara Lioi on 12/30/2016. (P,J)Memorandum Opinion and Order: Respondent's motion to dismiss is granted. (Doc. No. 12.) Because the Court has granted the motion to dismiss, the Court need not address respondent's motion for summary judgment. This case is closed.