Harris v. District Court For Southern Indiana et al
| Loumard Harris |
| District Court For Southern Indiana and F.C.I (warden) Ms. Feathers |
| 3:2013cv00650 |
| April 16, 2013 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Patricia Sullivan |
| Mandamus & Other |
| 28 U.S.C. ยง 2241 Petition Writ of Habeas Corpus (Federal) |
| None |
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Filing
21
Opinion and Order - In light of the potentially applicable exceptions to the general rule that a prisoner may not challenge his or her sentence through a § 2241 petition, the Court finds that it does not plainly appear from the face of the petition that Petitioner is not entitled to relief. Therefore, the Court declines summarily to dismiss the Petition and does not adopt the Findings and Recommendation 9 . Additionally, the Court finds that given the complexity of the issues invo lved in this case and Petitioner's likelihood of success on the merits, it would be beneficial to the Court and to Petitioner and in the interests of justice for counsel to be appointed. Accordingly, Petitioner's third motion to supplement his Petition 19 is granted, the Petition for Habeas Corpus 2 shall be served on the government, along with its supplements (Dkts. 13 , 15 , and 19 ), and counsel shall be appointed. In light of this Opinion and Order, Petitioner's motion requesting the Court set an evidentiary hearing 20 is denied as moot. Signed on 11/14/2013 by Judge Michael H. Simon. (mja)
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