Mayes v. United States of America (INMATE3)

Filing 50

ORDER; that the Clerk of this court is hereby DIRECTED to: 1. Open a new civil action under 28 U.S.C. § 2241. 2. Docket the instant pleading (currently docketed as 49 in Civil Action No. 1:07cv253-MEF) in the newly opened civil action under 28 U.S.C. § 2241. 3. Strike the instant pleading, 49 , from Civil Action No. 1:07cv253-MEF. 4. Assign the newly opened case to the Magistrate Judge and District Judge to whom the instant case is assigned; and 5. Refer the case file to the appropriate Magistrate Judge for further proceedings upon completion of the foregoing directives. Signed by Honorable Terry F. Moorer on 10/13/2010. (jg, )

Mayes v. United States of America (INMATE3)

Doc. 50

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION CHARLIE MAYES, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

Civil Action No. 1:07cv253-MEF (WO)

ORDER Petitioner Charlie Mayes has filed a pleading styled as a "Motion for Clarification" (Doc. No. 49) wherein he claims that the Bureau of Prisons ("BOP") has improperly failed to credit his federal sentence with jail time served prior to his commitment to BOP custody. A review of Mayes's pleading indicates that he seeks relief that is appropriate under the remedy provided by 28 U.S.C. § 2241. Accordingly, the Clerk of this court is hereby DIRECTED to: 1. Open a new civil action under 28 U.S.C. § 2241. 2. Docket the instant pleading (currently docketed as Doc. No. 49 in Civil Action No. 1:07cv253-MEF) in the newly opened civil action under 28 U.S.C. § 2241. 3. Strike the instant pleading, Doc. No. 49, from Civil Action No. 1:07cv253-MEF. 4. Assign the newly opened case to the Magistrate Judge and District Judge to whom the instant case is assigned; and 5. Refer the case file to the appropriate Magistrate Judge for further proceedings upon

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completion of the foregoing directives. Done this 13th day of October, 2010.

/s/Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE

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