Powell v. USA
Filing
2
ORDER DISMISSING CASE w/o prej. Signed by Judge Lacy Thornburg on 5/23/07. (bsw)
Powell v. USA
Doc. 2
Case 3:07-cv-00210-LHT
Document 2
Filed 05/23/2007
Page 1 of 2
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION CIVIL NO. 3:07CV210 (3:01CR90)
JULIA POWELL, Petitioner, V s. UNITED STATES OF AMERICA, Respondent.
) ) ) ) ) ) ) ) ) )
ORDER OF DISMISSAL
THIS MATTER is before the Court on Petitioner's motion to defer restitution payments. Pursuant to recent Fourth Circuit decisions, the Petitioner's motion shall be construed as a habeas corpus petition under 28 U.S.C. § 2241. See Hudson v. United States, 2007 WL 901591 (4th Cir. 2007); Gripper v. United States, 2007 WL 1115953 (4th Cir. 2007). Construed as such, it is incumbent on this Court to make a determination whether to transfer the action to the district court of Petitioner's confinement or dismiss the action without prejudice to the Petitioner to refile same in the appropriate district court. Id. The Court, therefore, finds that the interests of justice would
Dockets.Justia.com
Case 3:07-cv-00210-LHT
Document 2
Filed 05/23/2007
Page 2 of 2
2 best be served by dismissing this action without prejudice and permitting the Petitioner to refile same in the appropriate district court. IT IS, THEREFORE, ORDERED that this action is hereby DISMISSED WITHOUT PREJUDICE.
Signed: May 23, 2007
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?