Rice v. Forniss et al (INMATE2)

Filing 33

ORDER: Upon further review of this file in this case, the court deems that the 1 Petition for Writ of Habeas Corpus filed by Phillip Ray Rice on 1/22/2007, is more appropriately filed under the provisions of 28 U.S.C. 2254, as originally styled by Petitioner. Accordingly, the Clerk of Court is DIRECTED to take all necessary steps to amend the docket to reflect that the instant petition is filed under 28 U.S.C. 2254. Signed by Honorable Terry F. Moorer on 1/13/2009. (dmn) [Modified on 1/13/2009 to replace the pdf. The wrong pdf was attached when originally docketed.-DMN]

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION PHILLIP RAY RICE, #158553 Petitioner, v. LEON FORNISS, WARDEN, et al., Respondents. ) ) ) ) ) ) ) ) ) ORDER Upon further review of file in this case, the court deems that the petition for a writ of habeas corpus filed by Petitioner on January 22, 2007 (Doc. No. 1), is more appropriately filed under the provisions of 28 U.S.C. § 2254, as originally styled by Petitioner. Accordingly, the Clerk of Court is DIRECTED to take all necessary steps to amend the docket to reflect that the instant petition is filed under 28 U.S.C. § 2254. Done this 13th day of January, 2009.

Civil Action No. 2:07cv72-WHA (WO)

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