Shrader v. Ives

Shrader v. Ives

Petitioner:	Thomas Creighton Shrader
Respondent:	Richard B. Ives
Case Number:	1:2013cv09386
Filed:	April 29, 2013
Court:	US District Court for the Southern District of West Virginia
Office:	Bluefield Office
County:	XX US, Outside State
Presiding Judge:	Irene C. Berger
Presiding Judge:	R. Clarke VanDervort
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
Jury Demanded By:	None

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Date Filed	Document Text
August 27, 2013	Filing 386 MEMORANDUM OPINION AND ORDER: the Court ADOPTS the 385 Proposed Findings and Recommendation by Magistrate Judge VanDervort and ORDERS as follows: the Petitioner's Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside or Correct Sentence b y a Person in Federal Custody 1 shall be RE-DESIGNATED as a Petition Under 28 U.S.C. Section 2241 for Writ of Habeas Corpus by a Person in Federal Custody; the Petitioner's Motion to Withdraw his Section 2241 Petition 379 is GRANTED; the Pet itioner's Motion in Objection or in the Alternative Motion for Stay 378 is TERMINATED AS MOOT; the Petitioner's Petition Under 28 U.S.C. Section 2241 for Writ of Habeas Corpus by a Person in Federal Custody 1 is DISMISSED; and this matter is REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 8/27/2013. (certified cc: Magistrate Judge VanDervort, counsel of record and any unrepresented party) (mjp)

Date Filed

Document Text

August 27, 2013

Filing 386 MEMORANDUM OPINION AND ORDER: the Court ADOPTS the 385 Proposed Findings and Recommendation by Magistrate Judge VanDervort and ORDERS as follows: the Petitioner's Motion Under 28 U.S.C. Section 2255 to Vacate, Set Aside or Correct Sentence b y a Person in Federal Custody 1 shall be RE-DESIGNATED as a Petition Under 28 U.S.C. Section 2241 for Writ of Habeas Corpus by a Person in Federal Custody; the Petitioner's Motion to Withdraw his Section 2241 Petition 379 is GRANTED; the Pet itioner's Motion in Objection or in the Alternative Motion for Stay 378 is TERMINATED AS MOOT; the Petitioner's Petition Under 28 U.S.C. Section 2241 for Writ of Habeas Corpus by a Person in Federal Custody 1 is DISMISSED; and this matter is REMOVED from the Court's docket. Signed by Judge Irene C. Berger on 8/27/2013. (certified cc: Magistrate Judge VanDervort, counsel of record and any unrepresented party) (mjp)

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Petitioner: Thomas Creighton Shrader
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Respondent: Richard B. Ives
Represented By:	Dorothy Kim
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