Le Chabrier v. Matevousian

Filing 36

ORDER signed by Magistrate Judge Allison Claire on 2/23/15 ordering petitioner's 2241 petition 1 is recharacterized as a 2255 motion. The clerk of the court is directed to file the 2255 motion 1 in United States v. LeChabrier, 2:08-cr-0427 MCE EFB, and to reassign this case and update the docket to reflect that is the companion 2255 civil case to United States v. LeChabrier, 2:08-cr-0427 MCE EFB. (cc: MCE, EFB)(Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LANA LECHABRIER,

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No. 2:14-cv-01624 GEB AC P

Petitioner,
v.

ORDER

ANDRE MATEVOUSIAN,
Respondent.

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Petitioner is a federal prisoner proceeding pro se and in forma pauperis in this habeas

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corpus action pursuant to 28 U.S.C. § 2241. On October 1, 2014, petitioner was given an

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extension of her time to show cause why the court should not recharacterize her § 2241 petition as

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a § 2255 motion. ECF No. 28. On October 9, 2014, petitioner responded to the order stating that

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“petitioner’s understanding is that Eastern District Court will re-categorize 28 USC 2241 as 28

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USC 2255 and proceed forthwith to consider petitioner’s 28 USC 2255.” ECF No. 32. In light of

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petitioner’s consent, this court will construe her § 2241 petition as a § 2255 motion and order that

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the docket be corrected to so reflect. The Clerk of the Court will be directed to file the petition

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(ECF No. 1) in Case No. 08-cr-0427-MCE-EFB-5, and to update the docket in this case to

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recharacterize the petition as a § 2255 motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s § 2241 petition (ECF No. 1) is recharacterized as a § 2255 motion.
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2. The Clerk of the Court is directed to file the § 2255 motion (ECF No. 1) in United

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States v. LeChabrier, #2:08-cr-00427 MCE EFB, and to reassign this case and update the docket

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to reflect that it is the companion § 2255 civil case to United States v. LeChabrier, #2:08-cr-

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00427 MCE EFB.

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DATED: February 23, 2015

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