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05-401 - USA v. FISHER


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05-401 - USA v. FISHER
May 9, 2008
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MEMORANDUM AND ORDER OF 5/9/08 AS TO OMAR FISHER THAT THE CLERK OF COURT SHALL FURNISH PETITIONER WITH A BLANK COPY OF THIS COURT'S CURRENT STANDARD FORM FOR FILING A PETITION PURSUANT TO 28 U.S.C. 2255. 2. PETITIONER SHALL NOTIFY THIS COURT WITHIN THIRTY (30) DAYS WHETHER HE CONSENTS TO THE RE-CHARACTERIZATION OF DOCUMENT #67 AND DOCUMENT #68 IN 05-CR-401-1 AS 28 U.S.C. 2255 PETITIONS, AND, IF HE DOES CONSENT TO SUCH RECLASSIFICATIONI, HE SHALL COMPLETE THE ENCLOSED 28 U.S.C. 2255 FORM AND RETURN IT TO THIS COURT. 3. PETITIONER IS FORMALLY PLACED ON NOTICE THAT IF HE INSISTS THAT DOCUMENT #67 AND DOCUMENT #68 IN 05-CR-401-1 PROCEED AS PETITIONS PURSUANT TO RULE 12(b)(1) AND/OR RULE 60(b), THAT A 28 U.S.C. 2241 PETITION, THAT DOCUMENT #67 AND DOCUMENT #68 SHALL BE DENIED AT THAT TIME FOR SEEKING RELIEF THAT IS ONLY AVAILABLE PURSUANT TO 28 U.S.C. 2255, AND NOT PURSUANT TO ANY RULE OF COURT PROCEDURE. 4. PETITIONER IS FORMALLY PLACED ON NOTICE THAT IF HE DOES NOT RESPOND TO THIS ORDER WITHIN 30 DAYS, THAT DOCUMENT 67 AND DOCUMENT 68 SHALL BE DENIED AT THAT TIME FOR SEEKING RLIEF THAT IS ONLY AVAILABLE PURSUANT TO 28 U.S.C. 2255, AND NOT PURSUANT TO ANY RULE OF COURT PROCEDURE. SIGNED BY JUDGE LEGROME D. DAVIS. 5/12/08 ENTERED AND COPIES E-MAILED AND MAILED. (DT) (2255 FORM MAILED TO PRO SE DEFENDANT)