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16-1682 - Wiand v. USA

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16-1682 - Wiand v. USA
June 28, 2016
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. The Court hereby recommends that Petitioner's motion for relief from judgment and to correct sentence, (ECF No.2), be construed as a motion to vacate, set aside or correct sentence pursuant to 28 U.S.c. § 2255, and that the Clerk of Court be directed to open a new civil action pursuant to § 2255 (nature of suit 510), with direct assignment to District Judge Lynn and Magistrate Judge Stickney. The Court also recommends that the § 2255 motion be TRANSFERRED to the United States Court of Appeals for the Fifth Circuit pursuant to In re Epps, 127 F.3d 364, 365 (5th Cir. 1997). (see order) (Ordered by Magistrate Judge Paul D Stickney on 6/28/2016) (mcrd)
July 21, 2016
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Order Accepting Findings and Recommendations re: 4 Findings and Recommendations on Case re: 2 Petition for Writ of Habeas Corpus. (Ordered by Chief Judge Barbara M.G. Lynn on 7/21/2016) (mem)