Sanchez v. United States of America
Filing
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MEMORANDUM AND ORDER - The Petition for Writ of Habeas Corpus (Filing No. 1 ) is recharacterized as a motion filed pursuant to 28 U.S.C. § 2255. The Clerk of the court is directed to file the Petition (Filing No. 1 ) as a motion brought purs uant to 28 U.S.C. § 2255 in Case No. 4:09CR3085, assigned to Judge Richard G. Kopf. This matter is dismissed without prejudice. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party) (AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERTO ALVAREZ SANCHEZ,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
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CASE NO. 4:11CV3171
MEMORANDUM
AND ORDER
This matter is before the court on its own motion. On December 7, 2011, the court
conducted an initial review of Roberto Alvarez Sanchez’s (“Sanchez”) Petition for Writ of
Habeas Corpus (“Petition”). (Filing No. 5.) The court noted that Sanchez’s Petition
challenged the legality of his conviction and sentence and needed to be brought in a 28
U.S.C. § 2255 motion, not a 28 U.S.C. § 2241 petition. The court gave Sanchez until
January 9, 2012, to inform the court whether he wished to treat his Petition as a motion
brought pursuant to 28 U.S.C. § 2255. (Id. at CM/ECF p. 3.) The court also ordered
Petitioner to inform the court whether he wished to amend his Petition to contain any
additional § 2255 claims. (Id.)
On January 3, 2012, Petitioner requested that the court recharacterize his Petition
as a motion filed pursuant to 28 U.S.C. § 2255. (Filing No. 6.) Petitioner also stated that
“he has already stipulated all the points he wished to raise in his previously filed motion.”
(Id. at CM/ECF p. 1.) Accordingly,
IT IS THEREFORE ORDERED that:
1.
The Petition for Writ of Habeas Corpus (Filing No. 1) is recharacterized as a
motion filed pursuant to 28 U.S.C. § 2255;
2.
The Clerk of the court is directed to file the Petition (Filing No. 1) as a motion
brought pursuant to 28 U.S.C. § 2255 in Case No. 4:09CR3085, assigned to
Judge Richard G. Kopf; and
3.
This matter is dismissed without prejudice. A separate judgment will be
entered in accordance with this Memorandum and Order.
DATED this 3rd day of February, 2012.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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District Court for the District of Nebraska does not endorse, recommend, approve, or
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