OGURN v. UNITED STATES OF AMERICA
Filing
5
ORDER: It is thus ORDERED that the present case be administratively CLOSED and that Petitioner's application for federal habeas relief be filed as a motion in his criminal case: United States v. Ogburn, No. 5:14-cr-0050-MTT-CHW-5. The motion shall be deemed filed the same date as his initial pleading in this action. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 8/16/2016. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
NICHOLAS OGBURN,
:
:
Petitioner,
:
:
VS.
:
:
UNITED STATES OF AMERICA,
:
:
Respondent.
:
____________________________________
CIVIL ACTION: 5:16‐CV‐345 (CAR)
ORDER
Petitioner Nicholas Ogburn, an inmate confined at the United States Penitentiary
in Atlanta, Georgia, has filed a 28 U.S.C. § 2255 motion in which he seeks to challenge his
criminal conviction in this Court. Petitioner’s pleading should have been filed in his
federal criminal case rather than as a separate civil action. It is thus ORDERED that the
present case be administratively CLOSED and that Petitioner’s application for federal
habeas relief be filed as a motion in his criminal case: United States v. Ogburn, No.
5:14‐cr‐0050‐MTT‐CHW‐5. The motion shall be deemed filed the same date as his initial
pleading in this action.
SO ORDERED, this 16th day of August, 2016.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
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