Newberry v. O'Brien et al

Newberry v. O'Brien et al

Petitioner:	John Newberry
Respondent:	Terry O'Brien and Director of B.O.P
Case Number:	8:2008cv00320
Filed:	July 9, 2008
Court:	US District Court for the District of Nebraska
Office:	Habeas Corpus (General) Office
County:	XX US, Outside State
Presiding Judge:	Joseph F. Bataillon
Presiding Judge:	Pro Se Docket
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2241 Petition for Writ of Habeas Corpus (federa

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Date Filed	Document Text
October 14, 2008	Filing 4 MEMORANDUM AND ORDER - Petitioner shall have until November 14, 2008, to inform the court whether he wishes to treat his Petition as a motion brought pursuant to 28 U.S.C. § 2255. If Petitioner asks the court to recharacterize his Petition as a motion brought under 28 U.S.C. § 2255, he should also indicate whether he would like to amend his Petition to contain all § 2255 claims. If Petitioner fails to respond, in accordance with this Memorandum andOrder, this matter will be dismis sed without prejudice to reassertion in the jurisdiction in which Petitioner is confined. The Clerk of the court is directed to set a pro se case management deadline with the following text: November 14, 2008: Check for Petitioners response regarding conversion to 2255 and dismiss case if none filed. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

Date Filed

Document Text

October 14, 2008

Filing 4 MEMORANDUM AND ORDER - Petitioner shall have until November 14, 2008, to inform the court whether he wishes to treat his Petition as a motion brought pursuant to 28 U.S.C. § 2255. If Petitioner asks the court to recharacterize his Petition as a motion brought under 28 U.S.C. § 2255, he should also indicate whether he would like to amend his Petition to contain all § 2255 claims. If Petitioner fails to respond, in accordance with this Memorandum andOrder, this matter will be dismis sed without prejudice to reassertion in the jurisdiction in which Petitioner is confined. The Clerk of the court is directed to set a pro se case management deadline with the following text: November 14, 2008: Check for Petitioners response regarding conversion to 2255 and dismiss case if none filed. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

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Petitioner: John Newberry
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Respondent: Terry O'Brien
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Respondent: Director of B.O.P
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