Montour v. Uhler
| Rudy Montour |
| Donald Uhler |
| 2:2019cv00009 |
| January 16, 2019 |
| US District Court for the Eastern District of New York |
| Joseph F Bianco |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 Petition for Writ of Habeas Corpus (federa |
| None |
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Filing 2
ORDER TO SHOW CAUSE: Petitioner is ordered, within thirty (30) days from the date of this order, to either: (1) consent to the recharacterization of his 2241 petition as a motion brought pursuant to 2255, or (2) withdraw his petition rather than have it so-recharacterized. Petitioner is on notice that, if he does not respond to this Order, the Court will recharacterize the petition as a motion brought pursuant to 2255 which may bar the filing of a subsequent 2255 motion as second or successive. The Court certifies pursuant to 28 U.S.C. 1915(a)(3) that any appeal from this Order would not be taken in good faith, and in forma pauperis status is therefore denied for the purpose of any appeal. See Coppedge v. United Stales, 369 U.S. 438,444-45 (1962). SEE ATTACHED O.S.C. for details. So Ordered by Judge Joseph F. Bianco on 3/7/2019. c/m by chambers (Coleman, Laurie)
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| FILING FEE: $ 5.00, receipt number 26973 (Cox, Dwayne) Modified on 1/24/2019 (Cox, Dwayne). |
| Filing 1 PETITION for Writ of Habeas Corpus , filed by Rudy Montour. (Attachments: #1 Civil Cover Sheet) (Cox, Dwayne) |
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| Petitioner: Rudy Montour | |
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| Respondent: Donald Uhler | |
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