Robinson v. Attorney General of the State of Nevada

Filing 6

ORDER that the clerk of the court file the petition for a writ of habeas corpus. Petitioner shall file a motion pursuant to 28 U.S.C. § 2255, raising the same grounds that he raises in the petition 1 , in United States v. Robinson, 2:95-CR-000 58-RCJ, within thirty (30) days from the date that this order is entered. The clerk of the court shall send petitioner a blank § 2255 form. The clerk shall also keep this civil action open until disposition of the § 2255 motion for statistical purposes. Signed by Judge Philip M. Pro on 9/27/11. (Copies have been distributed pursuant to the NEF - ECS, form to petitioner)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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IN THE MATTER OF
JAMES ROBINSON,
Petitioner.

Case No. 2:11-CV-01209-PMP-(LRL)
ORDER

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Before the court is the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.

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Petitioner is challenging the validity of his sentence in a federal criminal case, United States v.

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Robinson, 2:95-CR-00058-RCJ. The appropriate remedy for his claims is through a motion

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pursuant to 28 U.S.C. § 2255, filed in United States v. Robinson.

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IT IS THEREFORE ORDERED that the clerk of the court file the petition for a writ of
habeas corpus.
IT IS FURTHER ORDERED that petitioner shall file a motion pursuant to 28 U.S.C.

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§ 2255, raising the same grounds that he raises in the petition (#1), in United States v. Robinson,

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2:95-CR-00058-RCJ, within thirty (30) days from the date that this order is entered. The clerk of

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the court shall send petitioner a blank § 2255 form. The clerk shall also keep this civil action open

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until disposition of the § 2255 motion for statistical purposes.

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DATED: September 27, 2011.

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PHILIP M. PRO
United States District Judge