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07-5067 - ROSS v. LEVI


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07-5067 - ROSS v. LEVI
March 14, 2008
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MEMORANDUM AND OPINION DENYING MR. ROSS'S MOTION (DOCKET NO. 3). MR. ROSS IS NOTIFIED THAT HE MUST SELECT ONE OF THREE OPTIONS REGARDING HIS WRIT OF HABEAS CORPUS: 1. HAVE HIS SECTION 2241 MOTION RULED UPON AS FILED OR 2. HAVE HIS SECTION 2241 MOTION RECHARACTERIZED AS A 28 U.S.C. SECTION 2255 MOTION OR 3. WITHDRAW HIS INSTANT MOTION AND FILE ONE ALL-INCLUSIVE SECTION 2255 PETITION WITHIN THE ONE-YEAR STATUTORY PERIOD PURSUANT TO THE ANTITERROSIM AND EFFECTIVE DEATH PENALTY ACT OF 1996. IT IS FURTHER ORDERED THAT WITHIN THIRTY (30) DAYS OF THE DATE OF ENTRY OF THIS ORDER MR. ROSS SHALL INFORM THE COURT IN WRITING AS TO WHICH OF THE THREE OPTIONS PRESENTED ABOVE HE HAS CHOSEN. SIGNED BY HONORABLE GENE E.K. PRATTER ON 03/13/2008. 03/14/2008 ENTERED AND COPIES MAILED.(rab)