REED v. UNITED STATES DISTRICT COURT
||UNITED STATES DISTRICT COURT
||December 16, 2009
||US District Court for the Northern District of Florida
||LACEY A COLLIER
|Nature of Suit:
|Cause of Action:
||28:2241 Petition for Writ of Habeas Corpus (federa
|Jury Demanded By:
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|February 4, 2010
ORDER ADOPTING 4 REPORT AND RECOMMENDATION. The petitioner's § 2241 petition 1 is recharacterized as a motion to vacate, set aside, or correct a sentence pursuant to 28 U.S.C. § 2255. The clerk's office is directed to file, in petitioner's federal criminal case (case number 3:08cr20/MCR), a copy of the following: the construed § 2255 motion (petitioners habeas petition) 1 , the Magistrate Judge's Report and Recommendation dated Decembe r 18, 2009, and this Order adopting. All further proceedings are filed and maintained in the criminal case file (case number 3:08cr20/MCR); however, all pleadings contain both the criminal and civil case numbers. Signed by SENIOR JUDGE LACEY A COLLIER on 2/4/10. (lcu)
|December 18, 2009
REPORT AND RECOMMENDATION re 1 Petition for Writ of Habeas Corpus filed by AARONEY REED. - It is recommended 1. That petitioner's § 2241 petition be recharacterized as a motion to vacate, pursuant to 28 U.S.C. § 2 255. - 2. That the Clerk be directed to file, in petitioner's federal criminal case (Case Number 3:08cr20/MCR), a copy of the following: the construed § 2255 motion (petitioner's habeas petition, 1 ) this Report and Recommendation, and the Order adopting this Report and Recommendation. - 3. That all further proceedings be filed and maintained in the criminal case file (Case Number 3:08cr20/MCR); however, all pleadings contain both the criminal and civil case numbers. - 4. Tha t if the § 2241 petition is not construed as a § 2255 motion, this case be Dismissed and the clerk be directed to close the file. - - - R&R flag set - - - (Internal deadline for referral to district judge if objections are not filed earlier: 1/15/2010. ) - - - Signed by MAGISTRATE JUDGE MILES DAVIS on December 18, 2009. (cbj)
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