Giannini v. Tews

Filing 3

ORDER DIRECTING CLERK TO RECATEGORIZE CASE AND FILE MOTION TO VACATE IN CR 02-40039 CW. Signed by Judge Claudia Wilken on 5/31/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 5/31/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GLORIA ENANDER GIANNINI,
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Case Nos.: C 13-2308 CW (PR)
CR 02-40039 CW

Petitioner,
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v.
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RANDY L. TEWS, Warden,
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Respondent.

ORDER DIRECTING CLERK TO
RECATEGORIZE CASE AND FILE
MOTION TO VACATE IN CR 02-40039
CW.

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United States District Court
For the Northern District of California

On May 21, 2013, this case erroneously was opened as a habeas
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corpus action when Petitioner, a federal prisoner, filed a pro se
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petition challenging the validity of her federal criminal
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conviction.

The case should have been opened as a motion to

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vacate the judgment and sentence, brought pursuant to 28 U.S.C.
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§ 2255.

Accordingly, the Clerk of the Court is hereby directed to

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RECATEGORIZE this case from a habeas corpus action (NOS 530) to a
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motion to vacate (NOS 510) and, because such motion must proceed
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in Petitioner’s criminal case, to file the motion to vacate in
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United States of America v. Giannini, CR 02-40039 CW.
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IT IS SO ORDERED.
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Dated: 5/31/2013
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________________________
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE